[Congressional Record Volume 151, Number 23 (Thursday, March 3, 2005)]
[Senate]
[Pages S2005-S2044]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Ms. COLLINS (for herself, Ms. Landrieu, Mrs. Dole, Ms.
Mikulski, Mrs. Hutchison, Mrs. Boxer, Ms. Snowe, Ms. Cantwell,
Ms. Murkowski, Mrs. Clinton, Mrs. Feinstein, Mrs. Lincoln, Mrs.
Murray, Ms. Stabenow, Mr. Voinovich, Mr. Akaka, Mr. Bennett,
Mr. Durbin, Mr. Lautenberg, Mr. Sarbanes, and Mr. Pryor):
S. 501. A bill to provide a site for the National Women's History
Museum in the District of Columbia; to the Committee on Homeland
Security and Governmental Affairs.
Ms. COLLINS. Mr. President, today I am introducing the National
Women's History Museum Act of 2005. I appreciate the support of my
colleagues who have helped in this important effort and who have agreed
to be cosponsors, including Senators Landrieu, Dole, Mikulski,
Hutchison, Boxer, Snowe, Cantwell, Murkowski, Clinton, Feinstein,
Lincoln, Murray, Stabenow, Voinovich, Akaka, Bennett, Durbin,
Lautenberg, Sarbanes, and Pryor. I introduced this bill last Congress,
and it passed the Senate unanimously.
The need to establish a museum recognizing the contributions of
American women is clear. There is currently no national institution in
the Washington, D.C. area that is dedicated to the legacy of women's
contributions throughout our country's history. Sadly, fewer than 5
percent of the Nation's 2,200 National Historic Landmarks are dedicated
to women, a troubling fact given the significant contributions of women
throughout our Nation's history.
The proposed legislation would direct the General Services
Administration (GSA) to negotiate and enter into an occupancy agreement
with the National Women's History Museum, Inc. (NWHM) to establish a
museum in the currently vacant Pavilion Annex of the Old Post Office
building in Washington, D.C. The NWHM is a nonprofit, nonpartisan,
educational institution in the District of Columbia that was created to
research and present the historic contributions that women have made to
all aspects of human endeavor and to present the contributions that
women have made to the Nation in their various roles in family, the
economy, and society. In 1999, the President's Commission on the
celebrating of Women in American History concluded that ``efforts to
implement an appropriate celebration of women's history in the next
millennium should include,the designation of a focal point for women's
history in our Nation's capital,'' citing the efforts of the NWHM to
implement this goal.
The proposed legislation would serve two important purposes:
Creating, as the President's Commission recommended, a national women's
museum in the District of Columbia and, by designating the Pavilion
Annex, utilizing a currently vacant space on Pennsylvania Avenue,
considered ``America's Main Street.''
I would note that, last Congress the Government Accountability Office
[[Page S2006]]
(GAO) placed real property on its High Risk list noting that vacant and
underutilized properties present significant potential risks to Federal
agencies including lost dollars because of the need for maintenance and
lost opportunities because the property could be put to more beneficial
uses. The Annex has been vacant for more than 10 years and it is
unclear whether, if at all, GSA will be able to generate a use for the
building. While the adjacent Old Post Office is a national historic
landmark, the Annex is not and has sat vacant and deteriorating for
years, while Federal dollars are used to keep it maintained and
secured.
In addition, the proposed legislation would generate revenue from
this now vacant property for the Federal Government through rental
payments, based on the fair market value. The museum would also benefit
the city by drawing an estimated 1.5 million visitors annually to the
District and promoting economic activities by attracting tourists.
I believe this legislation is clearly a win-win situation.
There is strong precedent for this type of legislation. In fact,
museums in the District of Columbia are historically established by
Congress through legislation that authorizes the use of Federal land or
buildings. One recent legislative example is the National Museum for
African American History and Culture, which identified potential sites
for such a Museum. Another example is the National Law Enforcement
Museum Act, which authorized the National Law Enforcement Officers'
Memorial Fund, Inc. to build a Museum on Federal land. The current
Building Museum located in the historic Pension Building was authorized
by an act of Congress.
I believe that just as these museums serve very important public
purposes of educating visitors about important aspects of our history
and culture, so also would a national women's history museum fill a
void in telling the story of women in our history.
The most compelling reasons to support this important piece of
legislation are the stories of the women in American history, who
helped change and shape our Nation: Women who were and are trailblazers
such as Sandra Day O'Connor, who was the first woman to serve on the
Supreme Court; Sally Ride, who was the first American woman in space;
and Madeleine Albright, who was the first woman U.S. Secretary of
State. We should ensure that the stories of women with unwavering
bravery are told. Women like Harriet Tubman, who led slaves to freedom
using the underground railroad, and Rosa Parks, who sparked a movement
just by refusing to sit in the back of a bus. A national museum would
record this history and tells the stories of these pioneering women, so
that others might be inspired by them.
One woman who inspired me and who is my own role model is the woman
who served in the Senate seat that I now hold, Maine's own Margaret
Chase Smith, who was the first woman nominated for president of the
United States by a major political party and the first woman to serve
in both houses of Congress. Senator Smith began representing Maine in
1940. She was a woman who embodied the independent spirit of Maine. She
was from Skowhegan and was known as a smart, courageous, and
independent Member of Congress. Long after it became commonplace for
women to serve in the highest ranks of our government, Senator Smith
will be remembered in Maine and the Nation for her courage and service.
These women, and many like them, are the reason I am proud to sponsor
a bill directing that the Old Post Office Annex be made available to
house the National Women's History Museum. Women's history needs a
place in our Capital and in our collective American history, so that we
all cannot only learn about our past, but also be inspired to make
history of our own.
I urge that my colleagues support this important piece of
legislation.
______
By Mr. COLEMAN (for himself, Mr. Pryor, Mr. DeWine, and Mr.
Graham):
S. 502. A bill to revitalize rural America and rebuild main street,
and for other purposes; to the Committee on Finance.
Mr. COLEMAN. Mr. President, traveling throughout rural Minnesota, I
see a very real need for the revitalization and rebuilding of Main
Streets, and this is why today I am introducing the Rural Renaissance
Act with my good friends Senator Pryor of Arkansas, Senator Graham of
South Carolina, and Senator DeWine of Ohio. This legislation
acknowledges that rural America needs significant infrastructure
investment if it is to join with the rest of the Nation in an economic
recovery, and our bill proposes to apply $50 billion toward this end.
Many Minnesota cities and towns need help with updating or expanding
their drinking water supply systems or their wastewater treatment
systems. The West Central Initiative and the USDA both estimate that
there is a $1.5 billion gap between available local, State, and Federal
resources and the amount needed by Minnesota communities. There are
similar needs in communities throughout the rest of the Nation.
Decaying physical infrastructure needs to be addressed because it
impacts more than just health and quality of life. It also impacts the
ability of a city or town to build housing, provide services, ensure
access to information, and grow jobs. Throughout rural America,
progress is being made in many areas, but in others, a lack of funding
is impacting the ability of communities to address very critical albeit
basic needs. Here is an example of the physical infrastructure
challenges facing rural America: The Environmental Protection Agency
estimates that communities will need an estimated $300 billion to $1
trillion over the next 20 years to repair, replace, or upgrade drinking
water and wastewater facilities, accommodate a growing population, and
meet water quality standards.
Current residents and businesses of rural communities face a
challenge when it comes to accessing the Internet. This reality means
that these cities and towns are set back when it comes to attracting
new residents and businesses. While the number of broadband subscribers
has risen dramatically in recent years, studies conducted by the FCC,
DOC, and USDA all suggest that urban and high-income areas are far
outpacing deployment in rural and low-income areas. As a result of
these disparities, rural America suffers adverse economic and social
consequences. The USDA has reported that in 2000, less than five
percent of towns with populations of 10,000 or less had access to
broadband. Likewise, the Commerce Department has found that 21.2
percent of Internet users in urban areas have access to high-speed
connections, while only 12.2 percent of Internet users in rural areas
have this technology.
Housing is essential if communities want to keep the businesses they
have or attract new ones. Employers need to know that employees will be
able to find housing that they can afford in or near the community.
Housing efforts must emphasize new construction and rehabilitation
alike. Communities need new units to attract new families and they must
have the ability to help residents remodel and renovate existing
housing. Housing in rural America is clearly an economic development
issue. It is clear that these physical infrastructure needs have
substantial financial implications for rural America. Some 1.8 million
homes and apartments are moderately or severely substandard. Our Rural
Renaissance Act addresses these needs. The impact of doing nothing
poses great risks for the future of rural cities and towns.
As you can see, the need for a rural renaissance is clear. Greater
Minnesota alone needs almost $7 billion over the next 20 years to
modernize infrastructure, accommodate the increasing population, and
meet current water quality standards. The cost of bringing high speed
Internet access to the rest of rural America is estimated at about
$10.9 billion. These are just a couple of examples but the most vivid,
I think, are just the closed stores you see up and down our Main
Streets. We'd like to turn these towns around like we did in St. Paul,
and we can.
Our Rural Renaissance Act will fund these infrastructure
improvements--and also provide for community facilities and farmer-
owned and value-added projects--by sending $50 billion out to rural
America in one to three years at a cost of about $15 billion over 10
years. It can be done through Federal bonds,
[[Page S2007]]
just as we helped pay for the costs of World War II and as State and
locals pay for many infrastructure developments. The key, however, is
that these monies will be made available to States and locals, as well
as farmer-owned coops and other eligible entities, in the form of
grants and low interest loans.
We have seen tremendous support from groups back home and across the
country who share a commitment to revitalizing rural America and
rebuilding our Main Streets. Those supporting this bill include, the
Association of Minnesota Counties, the League of Minnesota Cities, the
Minnesota Rural Water Association, the Independent Community Bankers of
Minnesota, the Minnesota Rural Electric Association, the University of
Minnesota, the Rural Broadband Coalition, the National Council of
Farmer Cooperatives, the Telecommunications Industry Association, the
American Sugarbeet Growers Association, Land O' Lakes, the Minnesota
Corn Growers Association, the AgCountry Farm Credit Services, the
AgStar Financial Services, the Farm Credit Services of Grand Forks, the
Farm Credit Services of Minnesota Valley, AgriBank, the Minnesota
Association of Wheat Growers, the Minnesota Association of
Cooperatives, the Wisconsin Federation of Cooperatives, the Minnesota
Barley Growers Association, the Minnesota Soybean Growers Association,
the Minnesota Nursery and Landscape Association, the America Soybean
Association, the Minnesota Association of Townships, the Minnesota
Chapter of the National Association of Housing and Redevelopment
Officials, and the Red River Valley Sugarbeet Growers Association.
These groups and many others agree with us when we say that we need
the Rural Renaissance Act. And we look forward to working with them on
this legislation. Together, we can create economic opportunity in rural
America and grow jobs.
I ask unanimous consent that the text of the Rural Renaissance Act be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 502
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Renaissance Act''.
SEC. 2. RURAL RENAISSANCE CORPORATION.
Subtitle D of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1981 et seq.) is amended by adding at the end
the following new section:
``SEC. 379E. RURAL RENAISSANCE CORPORATION.
``(a) Establishment and Status.--There is established a
body corporate to be known as the `Rural Renaissance
Corporation' (hereafter in this section referred to as the
`Corporation'). The Corporation is not a department, agency,
or instrumentality of the United States Government, and shall
not be subject to title 31, United States Code.
``(b) Principal Office; Application of Laws.--The principal
office and place of business of the Corporation shall be in
the District of Columbia, and, to the extent consistent with
this section, the District of Columbia Business Corporation
Act (D.C. Code 29-301 et seq.) shall apply.
``(c) Functions of Corporation.--The Corporation shall--
``(1) issue rural renaissance bonds for the financing of
qualified projects as required under section 54 of the
Internal Revenue Code of 1986,
``(2) establish an allocation plan as required under
section 54(f)(2)(A) of such Code,
``(3) establish and operate the Rural Renaissance Trust
Account as required under section 54(i) of such Code,
``(4) perform any other function the sole purpose of which
is to carry out the financing of qualified projects through
rural renaissance bonds, and
``(5) not later than February 15 of each year submit a
report to Congress--
``(A) describing the activities of the Corporation for the
preceding year, and
``(B) specifying whether the amounts deposited and expected
to be deposited in the Rural Renaissance Trust Account are
sufficient to fully repay at maturity the principal of any
outstanding rural renaissance bonds issued pursuant to such
section 54.
``(d) Powers of Corporation.--The Corporation--
``(1) may sue and be sued, complain and defend, in its
corporate name, in any court of competent jurisdiction,
``(2) may adopt, alter, and use a seal, which shall be
judicially noticed,
``(3) may prescribe, amend, and repeal such rules and
regulations as may be necessary for carrying out the
functions of the Corporation,
``(4) may make and perform such contracts and other
agreements with any individual, corporation, or other private
or public entity however designated and wherever situated, as
may be necessary for carrying out the functions of the
Corporation,
``(5) may determine and prescribe the manner in which its
obligations shall be incurred and its expenses allowed and
paid,
``(6) may, as necessary for carrying out the functions of
the Corporation, employ and fix the compensation of employees
and officers,
``(7) may lease, purchase, or otherwise acquire, own, hold,
improve, use, or otherwise deal in and with such property
(real, personal, or mixed) or any interest therein, wherever
situated, as may be necessary for carrying out the functions
of the Corporation,
``(8) may accept gifts or donations of services or of
property (real, personal, or mixed), tangible or intangible,
in furtherance of the purposes of this section, and
``(9) shall have such other powers as may be necessary and
incident to carrying out this section.
``(e) Nonprofit Entity; Restriction on Use of Moneys;
Conflict of Interests; Independent Audits.--
``(1) Nonprofit entity.--The Corporation shall be a
nonprofit corporation and shall have no capital stock.
``(2) Restriction.--No part of the Corporation's revenue,
earnings, or other income or property shall inure to the
benefit of any of its directors, officers, or employees, and
such revenue, earnings, or other income or property shall
only be used for carrying out the purposes of this section.
``(3) Conflict of interests.--No director, officer, or
employee of the Corporation shall in any manner, directly or
indirectly participate in the deliberation upon or the
determination of any question affecting his or her personal
interests or the interests of any corporation, partnership,
or organization in which he or she is directly or indirectly
interested.
``(4) Independent audits.--An independent certified public
accountant shall audit the financial statements of the
Corporation each year. The audit shall be carried out at the
place at which the financial statements normally are kept and
under generally accepted auditing standards. A report of the
audit shall be available to the public and shall be included
in the report required under subsection (c)(5).
``(f) Tax Exemption.--The Corporation, including its
franchise and income, is exempt from taxation imposed by the
United States, by any territory or possession of the United
States, or by any State, county, municipality, or local
taxing authority.
``(g) Management of Corporation.--
``(1) Board of directors; membership; designation of
chairperson and vice chairperson; appointment considerations;
term; vacancies.--
``(A) Board of directors.--The management of the
Corporation shall be vested in a board of directors composed
of 7 members appointed by the President, by and with the
advice and consent of the Senate.
``(B) Chairperson and vice chairperson.--The President
shall designate 1 member of the Board to serve as Chairperson
of the Board and 1 member to serve as Vice Chairperson of the
Board.
``(C) Individuals from private life.--Five members of the
Board shall be appointed from private life.
``(D) Federal officers and employees.--Two members of the
Board shall be appointed from among officers and employees of
agencies of the United States concerned with rural
development.
``(E) Appointment considerations.--All members of the Board
shall be appointed on the basis of their understanding of and
sensitivity to rural development processes. Members of the
Board shall be appointed so that not more than 4 members of
the Board are members of any 1 political party.
``(F) Terms.--Members of the Board shall be appointed for
terms of 3 years, except that of the members first appointed,
as designated by the President at the time of their
appointment, 2 shall be appointed for terms of 1 year and 2
shall be appointed for terms of 2 years.
``(G) Vacancies.--A member of the Board appointed to fill a
vacancy occurring before the expiration of the term for which
that member's predecessor was appointed shall be appointed
only for the remainder of that term. Upon the expiration of a
member's term, the member shall continue to serve until a
successor is appointed and is qualified.
``(2) Compensation, actual, necessary, and transportation
expenses.--Members of the Board shall serve without
additional compensation, but may be reimbursed for actual and
necessary expenses not exceeding $100 per day, and for
transportation expenses, while engaged in their duties on
behalf of the Corporation.
``(3) Quorum.--A majority of the Board shall constitute a
quorum.
``(4) President of corporation.--The Board of Directors
shall appoint a president of the Corporation on such terms as
the Board may determine.''.
SEC. 3. CREDIT TO HOLDERS OF RURAL RENAISSANCE BONDS.
(a) In General.--Part IV of subchapter A of chapter 1 of
the Internal Revenue Code of 1986 (relating to credits
against tax) is amended by adding at the end the following
new subpart:
[[Page S2008]]
``Subpart H--Nonrefundable Credit for Holders of Rural Renaissance
Bonds
``Sec. 54. Credit to holders of rural renaissance bonds.
``SEC. 54. CREDIT TO HOLDERS OF RURAL RENAISSANCE BONDS.
``(a) Allowance of Credit.--In the case of a taxpayer who
holds a rural renaissance bond on a credit allowance date of
such bond which occurs during the taxable year, there shall
be allowed as a credit against the tax imposed by this
chapter for such taxable year an amount equal to the sum of
the credits determined under subsection (b) with respect to
credit allowance dates during such year on which the taxpayer
holds such bond.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any credit allowance
date for a rural renaissance bond is 25 percent of the annual
credit determined with respect to such bond.
``(2) Annual credit.--The annual credit determined with
respect to any rural renaissance bond is the product of--
``(A) the applicable credit rate, multiplied by
``(B) the outstanding face amount of the bond.
``(3) Applicable credit rate.--For purposes of paragraph
(2), the applicable credit rate with respect to an issue is
the rate equal to an average market yield (as of the day
before the date of sale of the issue) on outstanding long-
term corporate debt obligations (determined in such manner as
the Secretary prescribes).
``(4) Credit allowance date.--For purposes of this section,
the term `credit allowance date' means--
``(A) March 15,
``(B) June 15,
``(C) September 15, and
``(D) December 15.
Such term includes the last day on which the bond is
outstanding.
``(5) Special rule for issuance and redemption.--In the
case of a bond which is issued during the 3-month period
ending on a credit allowance date, the amount of the credit
determined under this subsection with respect to such credit
allowance date shall be a ratable portion of the credit
otherwise determined based on the portion of the 3-month
period during which the bond is outstanding. A similar rule
shall apply when the bond is redeemed.
``(c) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed under subsection (a)
for any taxable year shall not exceed the excess of--
``(A) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(B) the sum of the credits allowable under this part
(other than this subpart and subpart C).
``(2) Carryover of unused credit.--If the credit allowable
under subsection (a) exceeds the limitation imposed by
paragraph (1) for such taxable year, such excess shall be
carried to the succeeding taxable year and added to the
credit allowable under subsection (a) for such taxable year.
``(d) Credit Included in Gross Income.--Gross income
includes the amount of the credit allowed to the taxpayer
under this section (determined without regard to subsection
(c)) and the amount so included shall be treated as interest
income.
``(e) Rural Renaissance Bond.--For purposes of this part,
the term `rural renaissance bond' means any bond issued as
part of an issue if--
``(1) 95 percent or more of the proceeds from the sale of
such issue are to be used--
``(A) for expenditures incurred after the date of the
enactment of this section for any qualified project, or
``(B) for deposit in the Rural Renaissance Trust Account
for repayment of rural renaissance bonds at maturity,
``(2) the bond is issued by the Rural Renaissance
Corporation, is in registered form, and meets the rural
renaissance bond limitation requirements under subsection
(f),
``(3) except for bonds issued in accordance with subsection
(f)(4), the term of each bond which is part of such issue
does not exceed 30 years,
``(4) the payment of principal with respect to such bond is
the obligation of the Rural Renaissance Corporation, and
``(5) the issue meets the requirements of subsection (g)
(relating to arbitrage).
``(f) Limitation on Amount of Bonds Designated.--
``(1) National limitation.--There is a rural renaissance
bond limitation for each calendar year. Such limitation is--
``(A) for 2006--
``(i) with respect to bonds described in subsection
(e)(1)(A), $50,000,000,000, plus
``(ii) with respect to bonds described in subsection
(e)(1)(B), such amount (not to exceed $15,000,000,000) as
determined necessary by the Rural Renaissance Corporation to
provide funds in the Rural Renaissance Trust Account for the
repayment of rural renaissance bonds at maturity, and
``(B) except as provided in paragraph (3), zero thereafter.
``(2) Limitation allocated to qualified projects among
states.--
``(A) In general.--Subject to subparagraph (B), the
limitation applicable under paragraph (1)(A)(i) for any
calendar year shall be allocated by the Rural Renaissance
Corporation for qualified projects among the States under an
allocation plan established by the Corporation and submitted
to Congress for consideration.
``(B) Minimum allocations to states.--In establishing the
allocation plan under subparagraph (A), the Rural Renaissance
Corporation shall ensure that the aggregate amount allocated
for qualified projects located in each State under such plan
is not less than $500,000,000.
``(3) Carryover of unused limitation.--If for any calendar
year--
``(A) the rural renaissance bond limitation amount, exceeds
``(B) the amount of bonds issued during such year by the
Rural Renaissance Corporation, the rural renaissance bond
limitation amount for the following calendar year shall be
increased by the amount of such excess. Any carryforward of a
rural renaissance bond limitation amount may be carried only
to calendar year 2007 or 2008.
``(4) Issuance of small denomination bonds.--From the rural
renaissance bond limitation for each year, the Rural
Renaissance Corporation shall issue a limited quantity of
rural renaissance bonds in small denominations suitable for
purchase as gifts by individual investors wishing to show
their support for investing in rural America.
``(g) Special Rules Relating to Arbitrage.--
``(1) In general.--Subject to paragraph (2), an issue shall
be treated as meeting the requirements of this subsection if
as of the date of issuance, the Rural Renaissance Corporation
reasonably expects--
``(A) to spend at least 95 percent of the proceeds from the
sale of the issue for 1 or more qualified projects within the
3-year period beginning on such date,
``(B) to incur a binding commitment with a third party to
spend at least 10 percent of the proceeds from the sale of
the issue, or to commence construction, with respect to such
projects within the 6-month period beginning on such date,
and
``(C) to proceed with due diligence to complete such
projects and to spend the proceeds from the sale of the
issue.
``(2) Rules regarding continuing compliance after 3-year
determination.--If at least 95 percent of the proceeds from
the sale of the issue is not expended for 1 or more qualified
projects within the 3-year period beginning on the date of
issuance, but the requirements of paragraph (1) are otherwise
met, an issue shall be treated as continuing to meet the
requirements of this subsection if either--
``(A) the Rural Renaissance Corporation uses all unspent
proceeds from the sale of the issue to redeem bonds of the
issue within 90 days after the end of such 3-year period, or
``(B) the following requirements are met:
``(i) The Rural Renaissance Corporation spends at least 75
percent of the proceeds from the sale of the issue for 1 or
more qualified projects within the 3-year period beginning on
the date of issuance.
``(ii) The Rural Renaissance Corporation spends at least 95
percent of the proceeds from the sale of the issue for 1 or
more qualified projects within the 4-year period beginning on
the date of issuance, and uses all unspent proceeds from the
sale of the issue to redeem bonds of the issue within 90 days
after the end of the 4-year period beginning on the date of
issuance.
``(h) Recapture of Portion of Credit Where Cessation of
Compliance.--
``(1) In general.--If any bond which when issued purported
to be a rural renaissance bond ceases to be such a qualified
bond, the Rural Renaissance Corporation shall pay to the
United States (at the time required by the Secretary) an
amount equal to the sum of--
``(A) the aggregate of the credits allowable under this
section with respect to such bond (determined without regard
to subsection (c)) for taxable years ending during the
calendar year in which such cessation occurs and the 2
preceding calendar years, and
``(B) interest at the underpayment rate under section 6621
on the amount determined under subparagraph (A) for each
calendar year for the period beginning on the first day of
such calendar year.
``(2) Failure to pay.--If the Rural Renaissance Corporation
fails to timely pay the amount required by paragraph (1) with
respect to such bond, the tax imposed by this chapter on each
holder of any such bond which is part of such issue shall be
increased (for the taxable year of the holder in which such
cessation occurs) by the aggregate decrease in the credits
allowed under this section to such holder for taxable years
beginning in such 3 calendar years which would have resulted
solely from denying any credit under this section with
respect to such issue for such taxable years.
``(3) Special rules.--
``(A) Tax benefit rule.--The tax for the taxable year shall
be increased under paragraph (2) only with respect to credits
allowed by reason of this section which were used to reduce
tax liability. In the case of credits not so used to reduce
tax liability, the carryforwards and carrybacks under section
39 shall be appropriately adjusted.
``(B) No credits against tax.--Any increase in tax under
paragraph (2) shall not be treated as a tax imposed by this
chapter for purposes of determining--
``(i) the amount of any credit allowable under this part,
or
``(ii) the amount of the tax imposed by section 55.
``(i) Rural Renaissance Trust Account.--
``(1) In general.--The following amounts shall be held in a
Rural Renaissance Trust
[[Page S2009]]
Account by the Rural Renaissance Corporation:
``(A) The proceeds from the sale of all bonds issued under
this section.
``(B) The amount of any matching contributions with respect
to such bonds.
``(C) The investment earnings on proceeds from the sale of
such bonds.
``(D) Any earnings on any amounts described in subparagraph
(A), (B), or (C).
``(2) Use of funds.--Amounts in the Rural Renaissance Trust
Account may be used only to pay costs of qualified projects,
redeem rural renaissance bonds, and fund the operations of
the Rural Renaissance Corporation, except that amounts
withdrawn from the Rural Renaissance Trust Account to pay
costs of qualified projects may not exceed the aggregate
proceeds from the sale of rural renaissance bonds described
in subsection (e)(1)(A).
``(3) Use of remaining funds in rural renaissance trust
account.--Upon the redemption of all rural renaissance bonds
issued under this section, any remaining amounts in the Rural
Renaissance Trust Account shall be available to the Rural
Renaissance Corporation for any qualified project.
``(j) Qualified Project.--For purposes of this section--
``(1) In general.--Subject to paragraph (3), the term
`qualified project' means a project which--
``(A) includes 1 or more of the projects described in
paragraph (2),
``(B) is located in a rural area, and
``(C) is proposed by a State and approved by the Rural
Renaissance Corporation.
``(2) Projects described.--A project described in this
paragraph is--
``(A) a water or waste treatment project,
``(B) a conservation project, including any project to
protect water quality or air quality (including odor
abatement), any project to prevent soil erosion, and any
project to protect wildlife habitat, including any project to
assist agricultural producers in complying with Federal,
State, or local regulations,
``(C) an affordable housing project,
``(D) a community facility project, including hospitals,
fire and police stations, and nursing and assisted-living
facilities,
``(E) a value-added agriculture or renewable energy
facility project for agricultural producers or farmer-owned
entities, including any project to promote the production or
processing of ethanol, biodiesel, animal waste, biomass, raw
commodities, or wind as a fuel,
``(F) a rural venture capital project for, among others,
farmer-owned entities,
``(G) a distance learning or telemedicine project,
``(H) a project to expand broadband technology, and
``(I) a rural teleworks project.
``(3) Special rules.--For purposes of this subsection--
``(A) any project described in subparagraph (E) or (F) of
paragraph (2) for a farmer-owned entity may be considered a
qualified project if such entity is located in a rural area,
or in the case of a farmer-owned entity the headquarters of
which are located in a nonrural area, if the project is
located in a rural area, and
``(B) any project for a farmer-owned entity which is a
facility described in paragraph (2)(E) for agricultural
producers may be considered a qualified project regardless of
whether the facility is located in a rural or nonrural area.
``(4) Approval guidelines and criteria.--
``(A) In general.--Not later than 60 days after the date of
the enactment of this section, the Rural Renaissance
Corporation shall consult with the appropriate committees of
Congress regarding the development of guidelines and criteria
for the approval by the Corporation of projects as qualified
projects for inclusion in the allocation plan established
under subsection (f)(2)(A) and shall submit such guidelines
and criteria to such committees.
``(B) Appropriate committees of congress.--For purposes of
subparagraph (A), the term `appropriate committees of
Congress' means the Committee on Agriculture, Nutrition, and
Forestry, the Committee on Commerce, Science, and
Transportation, and the Committee on Finance of the Senate
and the Committee on Agriculture, the Committee on Energy and
Commerce, and the Committee on Ways and Means of the House of
Representatives.
``(k) Other Definitions and Special Rules.--For purposes of
this section--
``(1) Bond.--The term `bond' includes any obligation.
``(2) Rural area.--The term `rural area' means any area
other than--
``(A) a city or town which has a population of greater than
50,000 inhabitants, or
``(B) the urbanized area contiguous and adjacent to such a
city or town.
``(3) Rural renaissance corporation.--The term `Rural
Renaissance Corporation' means the Rural Renaissance
Corporation established under section 379E of the
Consolidated Farm and Rural Development Act.
``(4) Treatment of changes in use.--For purposes of
subsection (e)(1)(A), the proceeds from the sale of an issue
shall not be treated as used for a qualified project to the
extent that the Rural Renaissance Corporation takes any
action within its control which causes such proceeds not to
be used for a qualified project. The Secretary shall specify
remedial actions that may be taken (including conditions to
taking such remedial actions) to prevent an action described
in the preceding sentence from causing a bond to fail to be a
rural renaissance bond.
``(5) Partnership; s corporation; and other pass-thru
entities.--In the case of a partnership, trust, S
corporation, or other pass-thru entity, rules similar to the
rules of section 41(g) shall apply with respect to the credit
allowable under subsection (a).
``(6) Bonds held by regulated investment companies.--If any
rural renaissance bond is held by a regulated investment
company, the credit determined under subsection (a) shall be
allowed to shareholders of such company under procedures
prescribed by the Secretary.
``(7) Credits may be stripped.--Under regulations
prescribed by the Secretary--
``(A) In general.--There may be a separation (including at
issuance) of the ownership of a rural renaissance bond and
the entitlement to the credit under this section with respect
to such bond. In case of any such separation, the credit
under this section shall be allowed to the person who on the
credit allowance date holds the instrument evidencing the
entitlement to the credit and not to the holder of the bond.
``(B) Certain rules to apply.--In the case of a separation
described in subparagraph (A), the rules of section 1286
shall apply to the rural renaissance bond as if it were a
stripped bond and to the credit under this section as if it
were a stripped coupon.
``(8) Reporting.--The Rural Renaissance Corporation shall
submit reports similar to the reports required under section
149(e).''.
(b) Amendments to Other Code Sections.--
(1) Reporting.--Subsection (d) of section 6049 of the
Internal Revenue Code of 1986 (relating to returns regarding
payments of interest) is amended by adding at the end the
following new paragraph:
``(8) Reporting of credit on rural renaissance bonds.--
``(A) In general.--For purposes of subsection (a), the term
`interest' includes amounts includible in gross income under
section 54(d) and such amounts shall be treated as paid on
the credit allowance date (as defined in section 54(b)(4)).
``(B) Reporting to corporations, etc.--Except as otherwise
provided in regulations, in the case of any interest
described in subparagraph (A), subsection (b)(4) shall be
applied without regard to subparagraphs (A), (H), (I), (J),
(K), and (L)(i) of such subsection.
``(C) Regulatory authority.--The Secretary may prescribe
such regulations as are necessary or appropriate to carry out
the purposes of this paragraph, including regulations which
require more frequent or more detailed reporting.''.
(2) Treatment for estimated tax purposes.--
(A) Individual.--Section 6654 of such Code (relating to
failure by individual to pay estimated income tax) is amended
by redesignating subsection (m) as subsection (n) and by
inserting after subsection (l) the following new subsection:
``(m) Special Rule for Holders of Rural Renaissance
Bonds.--For purposes of this section, the credit allowed by
section 54 to a taxpayer by reason of holding a rural
renaissance bond on a credit allowance date shall be treated
as if it were a payment of estimated tax made by the taxpayer
on such date.''.
(B) Corporate.--Subsection (g) of section 6655 of such Code
(relating to failure by corporation to pay estimated income
tax) is amended by adding at the end the following new
paragraph:
``(5) Special rule for holders of rural renaissance
bonds.--For purposes of this section, the credit allowed by
section 54 to a taxpayer by reason of holding a rural
renaissance bond on a credit allowance date shall be treated
as if it were a payment of estimated tax made by the taxpayer
on such date.''.
(c) Clerical Amendments.--
(1) The table of subparts for part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new item:
``Subpart H. Nonrefundable Credit for Holders of Rural Renaissance
Bonds.''.
(2) Section 6401(b)(1) of such Code is amended by striking
``and G'' and inserting ``G, and H''.
(d) Effective Date.--The amendments made by this section
shall apply to obligations issued after December 31, 2005.
______
By Mr. BOND (for himself, Mr. Talent, and Mr. DeWine):
S. 503. A bill to expand Parents as Teachers programs and other
quality programs of early childhood home visitation, and for other
purposes; to the Committee on Health, Education, Labor, and Pensions.
Mr. BOND. Mr. President, I introduced S. 503, the Education Begins At
Home Act. It is at the desk. It is cosponsored by Senators Talent and
DeWine. I invite my colleagues to look at it and join with me in this
significant measure to improve early childhood education and
development of our children.
Parents as Teachers has worked in Missouri. It is a program which
involves training and assistance for parents of children from birth to
3 years of
[[Page S2010]]
age. We have had significant improvements in educational achievements.
We have identified problems in children. We have solved problems and
saved money by avoiding the necessary, expensive, and very difficult
remedial efforts. It involves home visits. It involves bringing
children of like age groups together. It works at home. It works for
the poorest families. It works for very busy two-working-parent
families. It works on our military installations.
This measure expands from currently 3,300 children whose parents are
in the program nationally to potentially 2.7 million families with
young children throughout the United States. The program is presently
in all States, in the Union. This expands on it and makes sure we use
our early education dollars to the maximum benefit. Get parents
involved. Home visits work.
Research has clearly shown that the early years are critical in a
child's development and lay the foundation for success in school and in
life. The home is the first and most important learning environment for
children, and parents are their child's first and most influential
teacher.
Through parent education and family support, we can promote parents'
ability to enhance their children's cognitive, language, social-
emotional and physical development--thereby helping parents to prepare
their children for success in school.
It only makes sense to equip parents with the skills they need to
help maximize their child's health and development and this is exactly
what the Parents at Teachers Program does.
The curriculum is designed to build the foundation of later learning,
provide early detection of developmental delays as well as health,
vision and hearing problems, prevent child abuse and neglect and
increase children's school readiness and school success.
To achieve these goals, Parents as Teachers provides personalized
home visits by trained parent educators, group meetings with other new
parents and formal screening of vision and hearing.
Twenty-one years ago I pushed the Early Childhood Education Act
through the Missouri legislature. During my second term as Governor I
signed that ground breaking bill into law which mandated PAT in every
school district in the state of Missouri. For me that was the
culmination of 5 long years of work.
One might say I was on a mission. And I was. Because in 1981, I found
myself in a similar situation to that of the Missouri's current
Governor. I was about to be a new father myself.
PAT certainly made a positive difference in my family. PAT helped us
through sleepless nights, teething, and learning the ABC's. My son,
Sam, was probably one of the first babies to benefit from the Parents
as Teachers materials in Missouri. And countless others have benefited
since.
What began as an experiment in Missouri has expanded to more than
3,000 sites in all 50 states, and seven foreign countries. Communities
all over the world are investing in PAT because the results are
positive and the cost is low.
Anecdotally, I can tell you that parents in PAT know that it is a
tremendous benefit to them and their children.
The scientifically sound research shows that: At age 3, PAT children
are more advanced in language, social development, problem solving and
other cognitive abilities, PAT children score higher on kindergarten
readiness tests, Children who participate in PAT score higher on
standardized measures of reading, math and language in first through
fourth grades, parents who participate in PAT are more confident about
their parenting and are more involved in their children's schooling--a
key component of a child's success in school.
Recognizing that all parents need and deserve support in laying a
strong foundation for their child's success I will be introducing the
Education Begins at Home Act.
To date over 2 million families nationwide have received the
education and support they need through PAT. While this is a tremendous
accomplishment, there are more families that can be reached by this
exceptional program.
The Education Begins at Home Act makes a bold federal investment in
parents by establishing the first, dedicated federal funding stream to
support the expansion of Parents as Teachers--or other home visitation
programs--at the state and local level.
The $500 million in federal funds over 3 years included in this bill
will expand services to over 2.7 million families nationwide.
Ten times more families will be served by PAT under this legislation.
This bill will: provide $400 million over 3 years to states to expand
access to PAT, encourage and foster more collaboration between PAT and
Early Head Start Grantees, provide $50 million over 3 years to fund
innovative ideas and partnerships at the local level to expand access
to PAT in communities with limited English proficiency; and provide $50
million over 3 years to reach more military families by expanding
access to PAT in schools and community organizations that serve
military families.
All babies are born to learn and a parent is a child's first and most
important teacher. Parents as Teachers better prepares children for
success in school and life and helps parents become more active
participants in their child's education.
The expansion of Parents as Teachers is a sound investment in the
future of our children and families.
______
By Mr. KYL (for himself and Mr. McCain):
S. 505. A bill to amend the Yuma Crossing National Heritage Area Act
of 2000 to adjust the boundary of the Yuma Crossing National Heritage
Area; to the Committee on Energy and Natural Resources.
Mr. KYL. Mr. President, I am pleased to join today with Senator
McCain to introduce the Yuma Crossing National Heritage Area Boundary
Adjustment Act. This legislation would amend the Yuma Crossing National
Heritage Act of 2000, Public Law 106-319, to reduce the size of the
heritage area to conform to the area set forth in the Heritage Area
Management Plan approved by the Secretary of the Interior in 2002.
The Yuma Crossing Heritage Area was designated in October 2000. It
sprung from a preliminary concept plan completed in 1999 by the
Heritage Area Task Force. The boundaries proposed in that plan included
approximately 22 square miles, extending from the Colorado River on the
north and west to the Avenue 7E alignment on the east and the 12th
street alignment on the south. These boundaries represented the task
force's ``best guess'' as to the cultural landscape warranting
inclusion in the heritage area. This ``best guess'' was incorporated
into the legislation designating the Yuma Crossing National Heritage
Area.
During the development of the final Heritage Area Management Plan,
which was subject to comprehensive community involvement, it became
apparent that the area's boundaries were too large and should be more
concentrated along the Colorado River and in historic downtown.
Rather than simply leave the boundaries as they were set in the 2000
legislation, we have heard from the community in Yuma that it is
important that we conform the boundaries to those in the agreed-upon
Management Plan. Doing so will provide certainty to the heritage area
and those private landowners who live within its current boundaries. It
will allow the heritage area to meet its management goals and
responsibilities without the worry that private property rights may be
affected in the future.
This is a non-controversial, straightforward correction. I hope my
colleagues will work with me to pass it quickly this year.
______
By Mr. HAGEL (for himself, Mr. Durbin, Ms. Cantwell, Mr.
Lautenberg, and Mrs. Murray):
S. 506. A bill to amend the Public Health Service Act to establish a
scholarship and loan repayment program for public health preparedness
workforce development to eliminate critical public health preparedness
workforce shortages in Federal, State, local, and tribal public health
agencies; to the Committee on Health, Education, Labor, and Pensions.
Mr. HAGEL. Mr. President, I rise today with Senator Durbin to
introduce the Public Health Preparedness Workforce Development Act of
2005. This legislation aims to increase the
[[Page S2011]]
pipeline of qualified public health workers at the Federal, State,
local and tribal levels by offering scholarships to students going into
the public health field. It also encourages current professionals to
stay in the public health field by providing loan repayments in
exchange for a commitment of a designated number of years of service in
public health.
The average age of lab technicians, epidemiologists, environmental
health experts, microbiologists, IT specialists, public health
administrators and others who make up the public health workforce is
47, seven years older than the average age of the Nation's workforce.
Over the next five years, my State of Nebraska will have more public
health workers who are eligible for retirement than any other state in
the Nation.
To encourage young people to enter the public health field, this
legislation authorizes $35 million per year for scholarships and $195
million per year for loan repayments. Eighty percent of the funds would
be dedicated for state and local public health workers, with bonus
payments available to those who agree to be placed in under-served
areas.
There are critical public health workforce shortages. We cannot
afford to lose so many experienced workers just when our public health
workforce should be expanding to meet increasing health needs. The
ability of the public health system to respond to emerging infectious
diseases like West Nile Virus, food-borne illnesses, or bioterrorism
relies on a well-trained, adequately staffed public health network at
all levels. It is important that we address this problem before it
becomes a crisis.
I urge my colleagues to support this legislation.
______
By Mr. DeWINE (for himself, Mr. Levin, Ms. Stabenow, Mr. Reed,
and Mr. Voinovich):
S. 507. A bill to establish the National Invasive Species Council,
and for other purposes; to the Committee on Environment and Public
Works.
Mr. DeWINE. Mr. President, today, I am pleased to join with Senators
Levin, Stabenow, Reed, and Voinovich to introduce the National Invasive
Species Council Act--a bill to permanently establish the National
Invasive Species Council. I would like to thank my colleagues for their
hard work on this legislation.
Recognizing the need for better coordination to combat the economic,
ecologic, and health threats posed by invasive species, the federal
government established the National Invasive Species Council by
Executive Order in 1999. Today, the Council continues to operate and
develop invasive species management plans. However, the Council is not
as effective as it could be. The GAO reported that implementing these
management plans is difficult because the Council does not have a
congressional mandate to act. GAO further reported that most of the
agencies that have responsibilities under the National Invasive Species
Management Plan have not been completing activities by established due
dates and that these agencies lack coordination. These are significant
problems that must be addressed.
Invasive species are a national threat that we cannot afford to
ignore. Many states are trying to combat these species that are
threatening their local environments. Examples of such plants and
animals include the emerald ash borer, which has been particularly
troublesome in my home state of Ohio; the Chinese mitten crab; and
hydrilla, considered to be one of the most problematic aquatic plants
in the United States. If left unchecked, these and other invasive
species pose dangerous environmental, health, and economic threats.
Estimates of the annual economic damages caused by invasive species in
this nation are as high as $137 billion. It is clear that more must be
done.
To combat the serious threats posed by invasive species, we need
federal coordination and planning. Our bill would provide just that and
on a permanent basis. Under this legislation, the Secretaries of State,
Commerce, Transportation, Agriculture, Health and Human Services,
Interior, Defense, and Treasury, along with the Administrators of EPA
and USAID, would continue to work together through the National
Invasive Species Council to develop a National Invasive Species
Management Plan.
The duties of the Council are generally to coordinate federal
activities in an effective, complementary, cost-efficient manner;
update the National Invasive Species Management Plan; ensure that
federal agencies implement the Management Plan; and develop
recommendations for international cooperation. Additionally, if
recommendations are not implemented, agencies would have to report to
the Council. The Council is directed to develop guidance for federal
agencies on prevention, control, and eradication of invasive species so
that federal programs and actions do not increase the risk of invasion
or spread non-indigenous species. And finally, the bill would establish
an Invasive Species Advisory Committee to the Council.
The National Invasive Species Council could enhance its effectiveness
and better protect our environment from invasive species with a
congressional mandate. I urge my colleagues to co-sponsor this measure
so that the Federal Government can better respond to the threat posed
by invasive species.
______
By Mr. DeWINE (for himself, Mr. Levin, Ms. Stabenow, Mr. Lugar,
Mr. Bayh, Mr. Dayton, and Mr. Kohl):
S. 508. A bill to provide for the environmental restoration of the
Great Lakes; to the Committee on Environment and Public Works.
Mr. DeWINE. Mr. President, today I am proud to introduce the Great
Lakes Environmental Restoration Act with my colleague, Senator Levin. I
would like to thank him for all of his hard work on this legislation.
For those who have seen one of the five Great Lakes, it is not
difficult to understand their importance. Covering more than 94,000
square miles and draining more than twice as much land, these
freshwater seas hold an estimated six quadrillion gallons of water--or
one-fifth of the world's surface freshwater. The Great Lakes ecosystem
includes such diverse elements as northern evergreen and deciduous
forests, lake plain prairies, and coastal wetlands. Over 30 of the
basin's biological communities and over 100 species are globally rare
or found only in the Great Lakes basin. The 637 State parks in the
region accommodate more than 250 million visitors each year, and the
Great Lakes basin is home to more than 33 million people--or one-tenth
of the U.S. population.
As co-chairs of the Senate Great Lakes Task Force, Senator Levin and
I have worked together on legislation and other initiatives to protect
this natural resource. We secured funding from the National Oceanic and
Atmospheric Administration (NOAA) for water level gauges, a replacement
ice-breaking vessel, and funding for the Great Lakes Fishery Commission
for sea lamprey control. Additionally, Senator Levin and I met with the
U.S. Trade Representative Office in an effort to prevent Great Lakes
water from being diverted abroad. We worked to authorize the Great
Lakes Basin Soil Erosion and Sediment Control Program in the 2002 Farm
Bill, and three years ago, we joined our colleagues in the House to
pass the Great Lakes Legacy Act. This legislation provides up to $50
million per year to the Environmental Protection Agency (EPA) to remove
contaminated sediments at Areas of Concern.
These steps are positive, but we are not keeping pace with the
problems facing the Great Lakes--the Federal Government simply is not
providing the funding to protect them. An April 2003 Government
Accountability Office (GAO) report found that the Federal Government
spent roughly $745 million over the last ten years on Great Lakes
restoration programs. Now consider that the GAO reported that the eight
Great Lakes States spent $956 million during that same ten-year period.
There is ample evidence that this current level of commitment is
simply not enough to address the challenges. In 2001, there were
approximately 600 beach closings as a result of e-coli bacteria.
Further, State and local health authorities issued approximately 1,400
fish consumption advisories in the Great Lakes. In 1978, the United
States and Canada amended the Great Lakes Water Quality Agreement to
give priority attention to 43 designated Areas of Concern. Since the
signing, the Federal Government has not been able to
[[Page S2012]]
remove any U.S. sites from the Areas of Concern list. Invasive species
are one of the largest threats to the ecosystem and the $4.5 billion
Great Lakes fishing industry. There are now over 160 aquatic invasive
species threatening the Great Lakes. It is imperative that we fix these
problems.
For several years, I have been calling for a plan to restore the
Lakes. I have been urging the governors, mayors, the environmental
community, and other regional interests to agree on a vision for the
future of the Great Lakes--not just for the short-term, but for the
long-term. It is time for us to come together to develop a plan and put
it in place.
The bill we are introducing today builds upon the efforts by those in
the Great Lakes states who are working with the congressional
delegation and federal officials on the Great Lakes Regional
Collaboration group. It provides the funding needed to implement their
recommendations.
This legislation would provide the tools needed for the long-term
future of the Great Lakes. First, our bill creates a $6 billion Great
Lakes Restoration Grant Program to augment existing federal and state
efforts to clean, protect, and restore the Great Lakes. An additional
$600 million in annual funding will be appropriated through the EPA's
Great Lakes National Program Office. The Program Office will provide
grants to the Great Lakes States, municipalities, and other applicants
in coordination with the Great Lakes Environmental Restoration Advisory
Board. This funding will provide the extra resources that existing
programs do not have.
While the Great Lakes are a national resource, leaders in the region,
not Washington bureaucrats, should set priorities and guide restoration
efforts. That is why our bill requires close coordination between the
EPA and state and regional interests before grants are released. The
Great Lakes Environmental Restoration Advisory Board, led by the Great
Lakes governors, will include mayors, federal agencies, Native American
tribes, environmentalists, industry representatives, and Canadian
observers. This Advisory Board will prioritize restoration projects,
such as invasive species control and prevention, wetlands restoration,
contaminated sediments cleanup, and water quality improvements.
Additionally, this Advisory Board will provide recommendations on which
grant applications to fund. The input from the Advisory Board ensures
that regional leaders will be critical in determining the long-term
future of the Great Lakes.
As the April 2003 GAO study reported, environmental restoration
activities in the Great Lakes suffer from lack of coordination. The
second goal of this legislation is the codification of the Great Lakes
Interagency Task Force to coordinate Federal activities in the Great
Lakes region. The EPA's Great Lakes National Program Office would serve
as the council leader, and participants would include key federal
agencies involved in Great Lakes restoration efforts. The council would
ensure that the efforts of federal agencies are coordinated, effective,
and cost-efficient.
Lastly, this bill would help address a GAO recommendation that a
monitoring system and environmental indicators be developed to measure
progress on new and existing restoration programs in the Great Lakes.
Our bill is a major step in the right direction. I would again like
to thank my colleague, Senator Levin, for his dedication to the Great
Lakes and to their restoration. We need to continue to refocus and
improve our efforts in order to reverse the trend of additional
degradation of the Great Lakes. They are a unique natural resource for
Ohio and the entire region--a resource that must be protected for
future generations. I ask my colleagues to join me in support of this
bill and in our efforts to help preserve and protect the long-term
viability of our Great Lakes.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 508
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Environmental
Restoration Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Great Lakes and the connecting channels of the
Great Lakes form the largest freshwater system in the world,
holding \1/5\ of the fresh surface water supply of the world
and \9/10\ of the fresh surface water supply of the United
States;
(2) 30 years after the date of enactment of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.), water
quality in the Great Lakes has improved, but the Great Lakes
remain in a degraded state;
(3) evidence of the degraded environment of the Great Lakes
includes--
(A) a record 599 closings of Great Lakes beaches in 2001;
(B) an increase to 20 percent in the percentage of Great
Lakes shoreline that contains polluted sediments; and
(C) the issuance by State and local authorities of 1,400
fish consumption advisories relating to the Great Lakes;
(4) the Great Lakes are sources of drinking water for
approximately 40,000,000 people in the United States and
Canada;
(5) in the years since the Great Lakes Water Quality
Agreement was signed and the United States and Canada agreed
to ``restore and maintain the chemical, physical, and
biological integrity of the waters of the Great Lakes Basin
and give priority attention to the 43 designated Areas of
Concern'', no sites have been restored in the United States;
(6) it is the responsibility of the Federal Government and
State and local governments to ensure that the Great Lakes
remain a clean and safe source of water for drinking,
fishing, and swimming; and
(7) while the total quantity of resources needed to restore
the Great Lakes is unknown, additional funding is needed now
to augment existing efforts to address the known threats
facing the Great Lakes.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the Great Lakes
Environmental Restoration Advisory Board established by
section 5(a).
(2) Great lake.--The term ``Great Lake'' means--
(A) Lake Erie;
(B) Lake Huron (including Lake Saint Clair);
(C) Lake Michigan;
(D) Lake Ontario;
(E) Lake Superior; and
(F) the connecting channels of those Lakes, including--
(i) the Saint Marys River;
(ii) the Saint Clair River;
(iii) the Detroit River;
(iv) the Niagara River; and
(v) the Saint Lawrence River to the Canadian border.
(3) Great lakes state.--The term ``Great Lakes State''
means each of the States of Illinois, Indiana, Ohio,
Michigan, Minnesota, New York, Pennsylvania, and Wisconsin.
(4) Great lakes system.--The term ``Great Lakes system''
means all the streams, rivers, lakes, and other bodies of
water in the drainage basin of the Great Lakes.
(5) Program.--The term ``Program'' means the Great Lakes
Environmental Restoration Grant Program established by
section 4(a).
(6) Program office.--The term ``Program Office'' means the
Great Lakes National Program Office of the Environmental
Protection Agency.
(7) Task force.--The term ``Task Force'' means the Great
Lakes Interagency Task Force established by section 6(a).
SEC. 4. GREAT LAKES RESTORATION GRANTS.
(a) Establishment.--There is established a Great Lakes
Environmental Restoration Grant Program, to be administered
by the Program Office.
(b) Grants.--
(1) In general.--In coordination with the Board, the
Program Office shall provide to States, municipalities, and
other applicants grants for use in and around the Great Lakes
in carrying out--
(A) contaminated sediment cleanup;
(B) wetland restoration;
(C) invasive species control and prevention;
(D) coastal wildlife and fisheries habitat improvement;
(E) public access improvement;
(F) water quality improvement;
(G) sustainable water use;
(H) nonpoint source pollution reduction; or
(I) such other projects and activities to restore, protect,
and assist the recovery of the Great Lakes as the Board may
determine.
(2) Distribution.--In providing grants under this section
for a fiscal year, the Program Office shall ensure that--
(A) at least 1 project or activity is funded in each Great
Lakes State for the fiscal year;
(B) the amount of funds received by each Great Lakes State
under this section for the fiscal year is at least 6 percent,
but not more than 30 percent, of the total amount of funds
made available for grants under this section for the fiscal
year;
(C) each project or activity for which funding is provided
results in 1 or more tangible improvements in the Great Lakes
watershed; and
(D) each project or activity for which funding is provided
addresses 1 or more priority issue areas identified by the
Board for the fiscal year.
(3) Grant evaluation.--
(A) In general.--In evaluating grant proposals, the Program
Office shall give great
[[Page S2013]]
weight to the ranking of proposals by the Board under section
5(c)(3).
(B) Decision not to fund.--Not later than 30 days after the
date of the determination, if the Program Office decides not
to fund a grant proposal ranked by the Board as 1 of the top
10 proposals meriting funding, the Program Office shall
provide to the Board a written statement explaining the
reasons why the proposal was not funded.
(4) Funding limitations.--Funds provided under the Program
shall not be used for any of the following activities:
(A) Design, construction, or improvement of a road, except
as required in connection with a sewer upgrade.
(B) Design, implementation, or evaluation of a research or
monitoring project or activity, except as required in
connection with a project or activity that will result in a
tangible improvement to the Great Lakes watershed.
(C) Design or implementation of a beautification project or
activity that does not result in a tangible improvement to
the Great Lakes watershed.
(D) Litigation expenses, including legal actions to address
violations of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), or any other environmental law or
regulation.
(E) Lobbying expenses (as defined in section 2 of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1602)).
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $600,000,000 for each of fiscal years
2006 through 2015.
(2) Cost sharing.--The Federal share of the cost of any
project or activity carried out using funds made available
under paragraph (1) shall not exceed 80 percent.
(3) In-kind contributions.--The non-Federal share of the
cost of any project or activity carried out using funds made
available under paragraph (1) may be provided in cash or in
kind.
SEC. 5. GREAT LAKES ENVIRONMENTAL RESTORATION ADVISORY BOARD.
(a) Establishment.--There is established a committee to be
known as the ``Great Lakes Environmental Restoration Advisory
Board''.
(b) Membership.--
(1) In general.--The Board shall be composed of 21 voting
members (or designees of the members), of whom--
(A) 8 shall be the Governors of the Great Lakes States;
(B) 1 shall be the Director of the Great Lakes National
Program Office;
(C) 1 shall be the Secretary of the Interior;
(D) 1 shall be the Director of the National Oceanic and
Atmospheric Administration;
(E) 1 shall be the Chief of Engineers;
(F) 1 shall be the Secretary of Agriculture; and
(G) 8 shall be chief executives of cities, counties, or
municipalities in the Great Lakes basin and selected by the
Steering Committee of the Great Lakes Cities Initiative,
including 1 member from each Great Lakes State.
(2) Observers.--The Board may include observers,
including--
(A) the Premiers of the Canadian Provinces of Ontario and
Quebec;
(B) a representative of the Government of Canada;
(C) a representative of the State Department;
(D) 8 representatives of environmental organizations (with
1 member appointed by the Governor of each Great Lakes
State), including--
(i) Great Lakes United;
(ii) the Lake Michigan Federation;
(iii) the National Wildlife Federation;
(iv) the Sierra Club; and
(v) The Nature Conservancy;
(E) 5 representatives of industry selected by the
chairperson of the Board;
(F) the Chairperson of the United States section of the
International Joint Committee;
(G) the Vice Chairperson of the United States section of
the Great Lakes Fishery Commission;
(H) the Chairperson of the Great Lakes Commission; and
(I) 3 representatives of Native Americans selected by the
President.
(3) Date of appointments.--The appointment of each member
of the Board shall be made not later than 90 days after the
date of enactment of this Act.
(4) Term; vacancies.--
(A) Term.--A member of the Board shall be appointed for 5
years.
(B) Vacancies.--A vacancy on the Board--
(i) shall not affect the powers of the Board; and
(ii) shall be filled in the same manner as the original
appointment was made.
(5) Meetings.--The Board shall meet at the call of the
chairperson.
(6) Chairperson.--The Board shall select a chairperson of
the Board from the members appointed under paragraph (1)(A).
(c) Duties.--
(1) In general.--Before the beginning of the fiscal year,
the Board shall determine by majority vote, and shall submit
to the Program Office, the funding priority issue areas that
shall apply to all grants provided under section 4 during the
fiscal year.
(2) Great lakes goals.--The priorities shall be based on
environmental restoration goals for the Great Lakes that--
(A) are prepared by the Governors of Great Lakes States;
and
(B) identify specific objectives and the best methods by
which to produce a tangible improvement to the Great Lakes.
(3) Grants.--
(A) Program office.--The Program Office shall provide to
the Board, in a timely manner, copies of grant proposals
submitted under section 4.
(B) Board.--The Board shall--
(i) review the grant proposals; and
(ii) by a date specified by the Program Office, provide to
the Program Office a list of the grant applications that the
Board recommends for funding, ranked in order of the
applications that most merit funding.
SEC. 6. GREAT LAKES INTERAGENCY TASK FORCE.
(a) Establishment.--There is established, in the
Environmental Protection Agency, the Great Lakes Interagency
Task Force.
(b) Purposes.--The purposes of the Task Force are--
(1) to help establish a process for collaboration among the
members of the Task Force, the members of the working group
established under subsection (e)(1), the Great Lakes States,
local communities, tribes, regional bodies, and other
interests in the Great Lakes region regarding policies,
strategies, projects, and priorities for the Great Lakes
system;
(2) to collaborate with Canada and binational bodies
involved in the Great Lakes region regarding policies,
strategies, projects, and priorities for the Great Lakes
system;
(3) to coordinate the development of consistent Federal
policies, strategies, projects, and priorities for addressing
the restoration and protection of the Great Lakes system and
assisting in the appropriate management of the Great Lakes
system;
(4) to develop outcome-based goals for the Great Lakes
system relying on--
(A) existing data and science-based indicators of water
quality and related environmental factors, and other factors;
(B) focusing on outcomes such as cleaner water, sustainable
fisheries, and biodiversity of the Great Lakes system; and
(C) ensuring that Federal policies, strategies, projects,
and priorities support measurable results;
(5) to exchange information regarding policies, strategies,
projects, and priorities related to the Great Lakes system
between the agencies represented on the Task Force;
(6) to coordinate action of the Federal Government
associated with the Great Lakes system;
(7) to ensure coordinated Federal scientific and other
research associated with the Great Lakes system;
(8) to ensure coordinated development and implementation of
the Great Lakes portion of the Global Earth Observation
System of Systems by the Federal Government; and
(9) to provide assistance and support to agencies
represented on the Task Force in the activities of the
agencies related to the Great Lakes system.
(c) Membership and Operation.--
(1) In general.--The Task Force shall consist of--
(A) the Administrator of the Environmental Protection
Agency;
(B) the Secretary of State;
(C) the Secretary of the Interior;
(D) the Secretary of Agriculture;
(E) the Secretary of Commerce;
(F) the Secretary of Housing and Urban Development;
(G) the Secretary of Transportation;
(H) the Secretary of Homeland Security;
(I) the Secretary of the Army; and
(J) the Chairperson of the Council on Environmental
Quality.
(2) Operation.--A member of the Task Force may designate to
perform the Task Force functions of the member any person who
is part of the department, agency, or office of the member
and who is--
(A) an officer of the United States appointed by the
President; or
(B) a full-time employee of the United States serving in a
position with pay equal to or great than the minimum rate
payable for grade GS-15 of the General Schedule.
(d) Chairperson.--The Administrator of the Environmental
Protection Agency shall serve as chairperson of the Task
Force.
(e) Duties.--
(1) Great lakes regional working group.--
(A) In general.--The Task Force shall establish a Great
Lakes regional working group to coordinate and make
recommendations on how to implement the policies, strategies,
projects, and priorities of the Task Force.
(B) Membership.--The working group established under
subparagraph (A) shall consist of the appropriate regional
administrator or director with programmatic responsibility
for the Great Lakes system for each agency represented on the
Task Force, including--
(i) the Great Lakes National Program Office of the
Environmental Protection Agency;
(ii) the United States Fish and Wildlife Service of the
Department of the Interior;
(iii) the National Park Service of the Department of the
Interior;
(iv) the United States Geological Survey of the Department
of the Interior;
(v) the Natural Resources Conservation Service of the
Department of Agriculture;
(vi) the Forest Service of the Department of Agriculture;
[[Page S2014]]
(vii) the National Oceanic and Atmospheric Administration
of the Department of Commerce;
(viii) the Department of Housing and Urban Development;
(ix) the Department of Transportation;
(x) the Coast Guard in the Department of Homeland Security;
and
(xi) the Corps of Engineers.
(2) Principles of successful regional collaboration.--The
chairperson of the Task Force shall coordinate the
development of a set of principles of successful regional
collaboration to advance the policy set forth in section 1 of
the Great Lakes Interagency Task Force: Executive Order dated
May 18, 2004.
(3) Report.--Not later than May 31, 2005, and annually
thereafter as appropriate, the Task Force shall submit to the
President a report that--
(A) summarizes the activities of the Task Force; and
(B) provides any recommendations that would, in the
judgment of the Task Force, advance the policy set forth in
section 1 of the Great Lakes Interagency Task Force:
Executive Order dated May 18, 2004.
SEC. 7. GREAT LAKES WATER QUALITY INDICATORS AND MONITORING.
(a) In General.--Section 118(c)(1) of the Federal Water
Pollution Control Act (33 U.S.C. 1268(c)(1)) is amended by
striking subparagraph (B) and inserting the following:
``(B)(i) not later than 2 years after the date of enactment
of this clause, in cooperation with Canada and appropriate
Federal agencies (including the United States Geological
Survey, the National Oceanic and Atmospheric Administration,
and the United States Fish and Wildlife Service), develop and
implement a set of science-based indicators of water quality
and related environmental factors in the Great Lakes,
including, at a minimum, measures of toxic pollutants that
have accumulated in the Great Lakes for a substantial period
of time, as determined by the Program Office;
``(ii) not later than 4 years after the date of enactment
of this clause--
``(I) establish a Federal network for the regular
monitoring of, and collection of data throughout, the Great
Lakes basin with respect to the indicators described in
clause (i); and
``(II) collect an initial set of benchmark data from the
network; and
``(iii) not later than 2 years after the date of collection
of the data described in clause (ii)(II), and biennially
thereafter, in addition to the report required under
paragraph (10), submit to Congress, and make available to the
public, a report that--
``(I) describes the water quality and related environmental
factors of the Great Lakes (including any changes in those
factors), as determined through the regular monitoring of
indicators under clause (ii)(I) for the period covered by the
report; and
``(II) identifies any emerging problems in the water
quality or related environmental factors of the Great
Lakes.''.
(b) Authorization of Appropriations.--Section 118 of the
Federal Water Pollution Control Act (33 U.S.C. 1268) is
amended by striking subsection (h) and inserting the
following:
``(h) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section (other than subsection (c)(1)(B))
$25,000,000 for each of fiscal years 2006 through 2010.
``(2) Great lakes water quality indicators and
monitoring.--There are authorized to be appropriated to carry
out subsection (c)(1)(B)--
``(A) $4,000,000 for fiscal year 2006;
``(B) $6,000,000 for fiscal year 2007;
``(C) $8,000,000 for fiscal year 2008; and
``(D) $10,000,000 for fiscal year 2009.''.
______
By Mrs. FEINSTEIN (for herself, Mr. Levin, Mr. Wyden, Mr. Harkin,
and Ms. Cantwell):
S. 509. A bill to improve the operation of energy markets; to the
Committee on Agriculture, Nutrition, and Forestry.
Mrs. FEINSTEIN. Mr. President, in light of the most recent evidence
uncovered about Enron's participation in the Western Energy Crisis, I
rise today to introduce the Energy Market Oversight Bill with Senators
Levin, Harkin, Cantwell and Wyden.
This bill would: Improve Price Transparency in Wholesale Electricity
Markets. The bill directs the Federal Energy Regulatory Commission to
establish an electronic system to provide information about the price
and availability of wholesale electricity to buyers, and sellers, and
the public.
Prohibit Round Trip Electricity Trades. The bill prohibits the
simultaneous buying and selling of the same quantity of electricity at
the same price in the same location with no financial gain or loss.
Round trip or ``wash trades'' are essentially bogus trades whereby no
electricity changes hands, but the profit from the trades enriches the
bottom-line of a company's financial report.
Increase Penalties for Violations of Federal Power Act. Maximum fines
for violations of the Federal Power Act are increased from $5,000 to
$1,000,000.; and maximum sentences are increased from 2 to 5 years.
Current fines are extraordinarily low and therefore provide no
deterrence to illegal activity.
Increase Penalties for Violations of Natural Gas Act. The bill
increases maximum fines for violations of the Natural Gas Act from
$5,000 to $1,000,000.
Prohibit Manipulation in Electricity Markets. Manipulation is
prohibited in the wholesale electricity markets and FERC is given
discretionary authority to revoke market-based rates for violations.
Strangely enough, manipulation of energy markets is not specifically
prohibited. This would add language to Part II of the Federal Power
Act.
Repeal the ``Enron exemption''. Repeals the Commodities Future
Modernization Act exemption for large traders in energy commodities and
applies the anti-manipulation and anti-fraud provisions of the
Commodities Exchange Act to all Over the Counter trades in energy
commodities and derivatives. In my view, when Congress exempted energy
from the Commodity Futures Modernization Act of 2000, it created the
playing field for the Western Energy Crisis of 2000 and 2001, and cost
millions of people millions of dollars.
Provide CFTC the Tools to Monitor OTC Energy Markets. For Over the
Counter trades in energy commodities and derivatives that perform a
significant price discovery function, including trades on electronic
trading facilities, the bill requires large sophisticated traders to
keep records and report large trades to the CFTC. This does not change
the law, only applies the law that exists for futures contracts to over
the counter trades in the energy markets.
Limit on Use of Data. Requires the Commodity Futures Trading
Commission to seek information that is necessary for the limited
purposes of detecting and preventing manipulation in the futures and
over the counter markets for energy; to keep proprietary trade and
business data confidential except when used for law enforcement
purposes. This does not require the real-time publication of
proprietary data.
No Effect on Non-Energy Commodities or Derivatives. The bill would
not alter or affect the regulation of futures markets, financial
derivatives, or metals. We have specifically stated on page 20 the
following: ``The amendments made by this title have no effect on the
regulation of excluded commodities under the Commodity Exchange Act.''
In addition, the bill states: ``The amendments made by this title
have no effect on the regulation of metals under the Commodity Exchange
Act.''
The Western Energy Crisis of 2000-2001 has still not been resolved.
Meanwhile, more and more information about Enron's role in the crisis
emerges. On February 3, 2005, the Snohomish Public Utility District
released transcripts of tapes showing that on January 17, 2001, Enron
traders concocted false repairs for a Las Vegas power plant--making
power unavailable that would have been delivered to California--on the
very same day that supplies were so tight that Northern California
experienced a Stage 3 power emergency and rolling blackouts hit as many
as 2 million consumers.
By taking the plant offline, Enron was also in direct violation of an
Emergency Power Order by U.S. Energy Secretary Bill Richardson that
required power generators to make power available to California.
Telephone transcripts between Enron and the Las Vegas plant
confirming the effort to falsify repairs read as follows:
Bill: Rich: Ah, we want you guys to get a little creative.
Rich: OK.
Bill: And come up with a reason to go down.
Rich: OK.
Bill: Anything you want to do over there? Any----
Rich: Ah----
Bill: Cleaning, anything like that?
Rich: Yeah, Yeah. There's some stuff we could be doing.
Enron knew exactly what it was doing when it manipulated the Western
Energy markets. Enron traders tested gaming techniques in the
California market as early as May 1998, creating imbalances in the
California market as a result of loopholes it discovered in the system.
The schemes the company used in 2000-2001 had already been rehearsed
in
[[Page S2015]]
Canada. ``Project Stanley'' was one such technique--Enron traders
inflated energy prices in Alberta, Canada by colluding with other
energy marketers.
Enron advocated for ``de-regulation'' of California's energy markets
while drafting language that was full of loopholes it could exploit.
Similarly, the company was the main force behind a provision that
exempted it from federal oversight. This exemption, known as the
``Enron loophole,'' was created in 2000 when Congress passed the
Commodity Futures Modernization Act.
The loophole exempted energy trading from regulatory oversight and
excluded it completely if the trade was done electronically.
We must close this loophole in order to prohibit fraud and price
manipulation in all over-the-counter energy commodity transactions, and
provide the Commodity Futures Trading Commission the authority it needs
to investigate and prosecute allegations of fraud and manipulation.
We need to give the CFTC this authority because we learned during the
Western Energy Crisis that there was pervasive manipulation and fraud
in energy markets, and that FERC and the CFTC were unable or unwilling
to use the authority they had to intervene.
We need to give the CFTC this authority because we need regulators to
protect consumers and make sure they're not taken advantage of.
We need to give the CFTC this authority because when there are
inadequate regulations, consumers are ripped off.
The Western Energy Crisis cost California about $40 billion.
California has been asking for $9 billion in refunds. However, given
the fact that Enron is in bankruptcy, it would be a miracle if the
State receives even half of that amount.
Yet there is nothing preventing another energy crisis from happening
again, in my State or elsewhere.
Therefore, we need Federal oversight of our energy markets.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 509
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy
Markets Improvement Act of 2005''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--TRANSPARENCY IN WHOLESALE ELECTRICITY MARKETS
Sec. 101. Market transparency.
Sec. 102. Round trip trading.
Sec. 103. Enforcement.
Sec. 104. Refund effective date.
Sec. 105. Discovery and evidentiary hearings under the Federal Power
Act.
TITLE II--MARKET MANIPULATION
Sec. 201. Prohibition of market manipulation.
TITLE III--ENERGY MARKET OVERSIGHT
Sec. 301. Over-the-counter transactions in energy commodities.
Sec. 302. Electronic trading facilities for energy commodities.
Sec. 303. No effect on other authority.
Sec. 304. Prohibition of fraudulent transactions.
Sec. 305. Criminal and civil penalties.
Sec. 306. Conforming amendments.
TITLE I--TRANSPARENCY IN WHOLESALE ELECTRICITY MARKETS
SEC. 101. MARKET TRANSPARENCY.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is
amended by adding at the end the following:
``SEC. 215. MARKET TRANSPARENCY.
``(a) In General.--Not later than 180 days after the date
of enactment of this section, the Commission shall promulgate
regulations establishing an electronic information system to
provide the Commission and the public with access to such
information as is appropriate to facilitate price
transparency and participation in markets subject to the
jurisdiction of the Commission.
``(b) Information To Be Made Available.--
``(1) In general.--The system under subsection (a) shall
provide information about the availability and market price
of wholesale electric energy and transmission services to the
Commission, State commissions, buyers and sellers of
wholesale electric energy, users of transmission services,
and the public.
``(2) Protection of consumers and competitive markets.--In
determining the information to be made available under the
system and the time at which to make such information
available, the Commission shall seek to ensure that consumers
and competitive markets are protected from false or
misleading information and from the adverse effects of
potential collusion or other anticompetitive behaviors that
can be facilitated by untimely public disclosure of
transaction-specific information.
``(c) Authority To Obtain Information.--The Commission
shall have authority to obtain information described in
subsections (a) and (b) from any electric utility or
transmitting utility (including any entity described in
section 201(f)).
``(d) Exemption.--The Commission shall exempt from
disclosure information that the Commission determines would,
if disclosed--
``(1) be detrimental to the operation of an effective
market; or
``(2) jeopardize system security.
``(e) Applicability.--The system under subsection (a) shall
not apply to an entity described in section 212(k)(2)(B) with
respect to transactions for the purchase or sale of wholesale
electric energy and transmission services within the area
described in section 212(k)(2)(A).''.
SEC. 102. ROUND TRIP TRADING.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.)
(as amended by section 101) is amended by adding at the end
the following:
``SEC. 216. ROUND TRIP TRADING.
``(a) Prohibition.--It shall be unlawful for any person or
entity (including an entity described in section 201(f))
knowingly to enter into any contract or other arrangement to
execute a round trip trade.
``(b) Definition of Round Trip Trade.--In this section, the
term `round trip trade' means a transaction (or combination
of transactions) in which a person or entity, with the intent
to affect reported revenues, trading volumes, or prices--
``(1) enters into a contract or other arrangement to
purchase from, or sell to, any other person or entity
electric energy at wholesale; and
``(2) simultaneously with entering into the contract or
arrangement described in paragraph (1), arranges a
financially offsetting trade with the other person or entity
for the same electric energy at substantially the same
location, price, quantity, and terms so that, collectively,
the purchase and sale transactions in themselves result in a
de minimis or no financial gain or loss.''.
SEC. 103. ENFORCEMENT.
(a) Complaints.--Section 306 of the Federal Power Act (16
U.S.C. 825e) is amended--
(1) in the first sentence--
(A) by inserting ``(including an electric utility)'' after
``Any person''; and
(B) by inserting ``, transmitting utility,'' after
``licensee''; and
(2) in the second sentence, by inserting ``, transmitting
utility,'' after ``licensee''.
(b) Investigations.--Section 307(a) of the Federal Power
Act (16 U.S.C. 825f(a)) is amended in the first sentence by
inserting ``(including a transmitting utility)'' after ``any
person''.
(c) Review of Commission Orders.--Section 313(a) of the
Federal Power Act (16 U.S.C. 825l) is amended in the first
sentence by inserting ``(including an electric utility)''
after ``Any person''.
(d) Criminal Penalties.--Section 316 of the Federal Power
Act (16 U.S.C. 825o) is amended--
(1) in subsection (a)--
(A) by striking ``$5,000'' and inserting ``$1,000,000'';
and
(B) by striking ``two years'' and inserting ``5 years'';
(2) in subsection (b), by striking ``$500'' and inserting
``$25,000''; and
(3) by striking subsection (c).
(e) Civil Penalties.--Section 316A of the Federal Power Act
(16 U.S.C. 825o-1) is amended--
(1) in subsections (a) and (b), by striking ``section 211,
212, 213, or 214'' each place it appears and inserting ``part
II''; and
(2) in subsection (b), by striking ``$10,000'' and
inserting ``$1,000,000''.
(f) General Penalties.--Section 21 of the Natural Gas Act
(15 U.S.C. 717t) is amended--
(1) in subsection (a), by striking ``$5,000'' and inserting
``$1,000,000'', and by striking ``two years'' and inserting
``5 years''; and
(2) in subsection (b), by striking ``$500'' and inserting
``$50,000''.
SEC. 104. REFUND EFFECTIVE DATE.
Section 206(b) of the Federal Power Act (16 U.S.C. 824e(b))
is amended--
(1) in the second sentence, by striking ``the date 60 days
after the filing of such complaint nor later than 5 months
after the expiration of such 60-day period'' and inserting
``the date of the filing of the complaint nor later than 5
months after the filing of the complaint'';
(2) in the third sentence--
(A) by striking ``60 days after the'' and inserting ``of'';
and
(B) by striking ``expiration of such 60-day period'' and
inserting ``publication date''; and
(3) by striking the fifth sentence and inserting the
following: ``If no final decision is rendered by the
conclusion of the 180-day period that begins on the date of
institution of a proceeding under this section, the
Commission shall state the reasons why the Commission has
failed to do so and shall state its best estimate as to when
the Commission reasonably expects to render a final
decision.''.
SEC. 105. DISCOVERY AND EVIDENTIARY HEARINGS UNDER THE
FEDERAL POWER ACT.
The Federal Power Act is amended--
[[Page S2016]]
(1) in section 206 (16 U.S.C. 824e), by adding at the end
the following:
``(e) Discovery and Evidentiary Hearings.--On receipt of a
complaint by a State or a State Commission under subsection
(a), the Commission shall provide--
``(1) an opportunity for the State or the State Commission
to conduct reasonable discovery; and
``(2) on request of the State or the State Commission and a
showing of a dispute as to material facts, an evidentiary
hearing.''; and
(2) in section 306 (16 U.S.C. 825e)--
(A) by inserting ``(a) In General.--'' before ``Any
person''; and
(B) by adding at the end the following:
``(b) Discovery and Evidentiary Hearings.--On receipt of a
complaint by a State or State Commission under this section,
the Commission shall provide--
``(1) an opportunity for the State or the State Commission
to conduct reasonable discovery; and
``(2) on request of the State or the State Commission and a
showing of dispute as to material facts, an evidentiary
hearing.''.
TITLE II--MARKET MANIPULATION
SEC. 201. PROHIBITION OF MARKET MANIPULATION.
(a) In General.--Part II of the Federal Power Act (as
amended by section 102) is amended by adding at the end the
following:
``SEC. 217. PROHIBITION OF MARKET MANIPULATION.
``(a) In General.--It shall be unlawful for any person,
directly or indirectly, to knowingly use or employ, in
connection with the purchase or sale of electric energy or
the purchase or sale of transmission services subject to the
jurisdiction of the Commission, any manipulative or deceptive
device or contrivance to affect the price, availability, or
reliability of the electric energy or transmission services.
``(b) Regulations.--The Commission may promulgate
regulations as appropriate in the public interest or for the
protection of electric ratepayers to enforce this section.''.
(b) Additional Remedy for Market Manipulation.--Section 206
of the Federal Power Act (16 U.S.C. 824e) is amended by
adding at the end the following:
``(e) Remedy for Market Manipulation.--If the Commission
finds that a public utility has knowingly employed any
manipulative or deceptive device or contrivance in violation
of this Act (including a regulation promulgated under this
Act), the Commission may, in addition to any other remedy
available under this Act, revoke the authority of the public
utility to charge market-based rates.''.
TITLE III--ENERGY MARKET OVERSIGHT
SEC. 301. OVER-THE-COUNTER TRANSACTIONS IN ENERGY
COMMODITIES.
(a) Definitions.--Section 1a of the Commodity Exchange Act
(7 U.S.C. 1a) is amended by adding at the end the following:
``(34) Included energy transaction.--The term `included
energy transaction' means a contract, agreement, or
transaction in an energy commodity that is--
``(A)(i) executed or traded on an electronic trading
facility; and
``(ii) entered into on a principal-to-principal basis
solely between persons that are eligible commercial entities
at the time the persons enter into the agreement, contract,
or transaction; or
``(B)(i) executed or traded not on or through a trading
facility; and
``(ii) entered into solely between persons that are
eligible contract participants at the time the persons enter
into the agreement, contract, or transaction, regardless of
the means of execution of the agreement, contract, or
transaction.
``(35) Energy commodity.--
``(A) In general.--The term `energy commodity' means a
commodity (other than an excluded commodity, a metal, or an
agricultural commodity) that is used as a source of energy.
``(B) Inclusions.--The term `energy commodity' includes--
``(i) coal;
``(ii) crude oil, gasoline, heating oil, and propane;
``(iii) electricity; and
``(iv) natural gas.
``(36) Electronic energy trading facility.--The term
`electronic energy trading facility' means an electronic
trading facility on or through which included energy
transactions are traded or executed.''.
(b) Off-Exchange Transactions in Energy Commodities.--
Section 2(g) of the Commodity Exchange Act (7 U.S.C. 2(g)) is
amended--
(1) by inserting ``or an energy commodity'' after
``agricultural commodity'';
(2) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(3) by striking ``No provision'' and inserting the
following:
``(1) In general.--No provision''; and
(4) by adding at the end the following:
``(2) Transactions in Energy Commodities.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C) and subsection (h)(7), nothing in this Act applies to
an included energy transaction.
``(B) Prohibited conduct.--
``(i) In general.--An included energy transaction shall be
subject to--
``(I) sections 5b, 12(e)(2)(B), and 22(a)(4); and
``(II) the prohibitions in sections 4b, 4c(a), 4c(b), 4o,
6(c), 6(d), 6c, 6d, 8a, and 9(a)(2).
``(ii) Transactions exempted by commission action.--
Notwithstanding any exemption by the Commission under section
4(c), an included energy transaction shall be subject to the
sections specified in clause (i) of this subparagraph,
subparagraph (C), and subsection (h)(7).
``(C) Reporting and recordkeeping requirements.--
``(i) In general.--An eligible contract participant that
enters into or executes an included energy transaction that
performs, or together with other such transactions performs,
a significant price discovery function in the cash market for
an energy commodity or in any other market for agreements,
contracts, or transactions relating to an energy commodity,
or an eligible commercial entity that enters into or executes
an included energy transaction described in section 1a(34)(A)
shall--
``(I) provide to the Commission on a timely basis the
information required under clause (ii); and
``(II)(aa) consistent with section 4i, maintain books and
records relating to each included energy transaction, for a
period of at least 5 years after the date of the transaction,
in such form as the Commission shall require; and
``(bb) keep the books and records open to inspection by any
representative of the Commission or the Attorney General.
``(ii) Required information.--
``(I) In general.--The Commission shall require that such
information regarding included energy transactions be
provided to the Commission as the Commission considers
necessary to assist in detecting and preventing price
manipulation.
``(II) Information to be included.--Such information shall
include information regarding large trading positions
obtained through 1 or more included energy transactions that
involve--
``(aa) substantial quantities of the commodity in the cash
market; or
``(bb) substantial positions, investments, or trades in
agreements or contracts related to energy commodities.
``(III) Manner of compliance.--The Commission shall specify
when and how such information shall be provided and
maintained by eligible contract participants and eligible
commercial entities.
``(IV) Price discovery transactions.--
``(aa) In general.--In specifying the information to be
provided under this paragraph, the Commission shall identify
the transactions or class of transactions that the Commission
considers to perform a significant price discovery function.
``(bb) Considerations.--In determining which included
energy transactions perform a significant price discovery
function, the Commission shall consider the extent to which--
``(AA) standardized agreements are used to execute the
transactions;
``(BB) the transactions involve standardized types or
measures of a commodity;
``(CC) the prices of the transactions are reported to third
parties, published, or disseminated;
``(DD) the prices of the transactions are referenced in
other transactions; and
``(EE) other factors considered appropriate by the
Commission.
``(V) Persons filing.--
``(aa) In general.--The Commission, in its discretion, may
allow large trader position reports required to be provided
by an eligible commercial entity to be provided by an
electronic energy trading facility if the eligible commercial
entity authorizes the facility to provide such information on
its behalf.
``(bb) Information and enforcement.--Nothing in an
authorization under item (aa) shall impair the ability of the
Commission to obtain information from an eligible commercial
entity or otherwise enforce this Act.
``(VI) Regulations.--Not later than 180 days after the date
of enactment of this paragraph, the Commission shall issue a
notice of proposed rulemaking, and not later than 1 year
after the date of enactment of this paragraph, the Commission
shall promulgate final regulations, specifying the
information to be provided and maintained under this
subparagraph.''.
SEC. 302. ELECTRONIC TRADING FACILITIES FOR ENERGY
COMMODITIES.
Section 2(h) of the Commodity Exchange Act (7 U.S.C. 2(h))
is amended--
(1) in paragraph (1), by inserting after ``an exempt
commodity'' the following: ``other than an energy
commodity'';
(2) in paragraph (3), by inserting after ``an exempt
commodity'' the following: ``other than an energy
commodity''; and
(3) by adding at the end the following:
``(7) Energy transactions.--
``(A) In general.--To the extent that the Commission
determines to be appropriate under subparagraph (C), an
electronic energy trading facility shall--
``(i) be subject to the requirements of section 5a, to the
extent provided in sections 5a(g) and 5d;
``(ii)(I) consistent with section 4i, maintain books and
records relating to the business of the electronic energy
trading facility, including books and records relating to
each transaction in such form as the Commission may require;
and
``(II) make the books and records required under this
section available to representatives of the Commission and
the Attorney General for inspection for a period of at least
5 years after the date of each included energy transaction;
``(iii) make available to the public information on trading
volumes, settlement
[[Page S2017]]
prices, open interest (where applicable), and opening and
closing ranges (or daily highs and lows, as appropriate) for
included energy transactions; and
``(iv) provide the information to the Commission in such
form and at such times as the Commission may require.
``(B) Applicability of other provisions.--
``(i) Paragraph 5.--An electronic energy trading facility
shall comply with paragraph (5).
``(ii) Paragraph 6.--Paragraph (6) shall apply with respect
to a subpoena issued to any foreign person that the
Commission believes is conducting or has conducted
transactions on or through an electronic energy trading
facility.
``(C) Regulations.--Not later than 180 days after the date
of enactment of this paragraph, the Commission shall issue a
notice of proposed rulemaking, and not later than 1 year
after the date of enactment of this paragraph, the Commission
shall promulgate final regulations, specifying the
information to be provided, maintained, or made available to
the public under subparagraphs (A) and (B).
``(8) Nondisclosure of proprietary information.--In
carrying out paragraph (7) and subsection (g)(2), the
Commission shall not--
``(A) require the real-time publication of proprietary
information;
``(B) prohibit the commercial sale or licensing of real-
time proprietary information; or
``(C) publicly disclose information regarding market
positions, business transactions, trade secrets, or names of
customers, except as provided in section 8.''.
SEC. 303. NO EFFECT ON OTHER AUTHORITY.
(a) No Effect on FERC Authority.--Nothing contained in this
title shall affect the jurisdiction of the Federal Energy
Regulatory Commission with respect to the authority of the
Federal Energy Regulatory Commission under the Federal Power
Act (16 U.S.C. 791a et seq.), the Natural Gas Act (15 U.S.C.
717 et seq.), or other law to obtain information or otherwise
carry out the responsibilities of the Federal Energy
Regulatory Commission.''.
(b) No Effect on Excluded Commodities.--The amendments made
by this title have no effect on the regulation of excluded
commodities under the Commodity Exchange Act (7 U.S.C. 1a et
seq.).
(c) No Effect on Metals.--The amendments made by this title
have no effect on the regulation of metals under the
Commodity Exchange Act (7 U.S.C. 1a et seq.).
SEC. 304. PROHIBITION OF FRAUDULENT TRANSACTIONS.
Section 4b of the Commodity Exchange Act (7 U.S.C. 6b) is
amended by striking subsection (a) and inserting the
following:
``(a) Prohibitions.--
``(1) In general.--It shall be unlawful (A) for any person,
in or in connection with any order to make, or the making of,
any contract of sale of any commodity for future delivery or
in interstate commerce, that is made, or to be made, on or
subject to the rules of a designated contract market, for or
on behalf of any other person, or (B) for any person, in or
in connection with any order to make, or the making of, any
contract of sale of any commodity for future delivery or
other agreement, contract or transaction subject to
paragraphs (1) and (2) of section 5a(g), that is made, or to
be made, for or on behalf of or with, any other person, other
than on or subject to the rules of a designated contract
market--
``(i) to cheat or defraud or attempt to cheat or defraud
the other person;
``(ii) willfully to make or cause to be made to such other
person any false report or statement or willfully to enter or
cause to be entered for the other person any false record;
``(iii) willfully to deceive or attempt to deceive the
other person by any means whatsoever in regard to any order
or contract or the disposition or execution of any order or
contract, or in regard to any act of agency performed, with
respect to any order or contract for (or, in the case of a
contract described in subparagraph (B), with the other
person); or
``(iv)(I) to bucket an order represented by the person as
an order to be executed, for or on behalf of the other
person, on an organized exchange; or
``(II) to--
``(aa) fill an order by offset against the order or orders
of the other person; or
``(bb) willfully and knowingly and without the prior
consent of the other person, to--
``(AA) become the buyer in respect to any selling order of
the other person; or
``(BB) become the seller in respect to any buying order of
the other person;
if the order is to be executed on or subject to the rules of
a designated contract market.
``(2) Limitation.--This subsection does not obligate any
person, in connection with a transaction in a contract of
sale of a commodity for future delivery with another person,
to disclose to any other person nonpublic information that
may be material to the market price of the commodity or
transaction, except as necessary to make any statement made
to the other person in connection with the transaction not
misleading in any material respect.''.
SEC. 305. CRIMINAL AND CIVIL PENALTIES.
(a) Enforcement Powers of Commission.--Section 6(c) of the
Commodity Exchange Act (7 U.S.C. 9, 15) is amended in
paragraph (3) of the tenth sentence--
(1) by inserting ``(A)'' after ``assess such person''; and
(2) by inserting after ``each such violation'' the
following: ``, or (B) in any case of manipulation of, or
attempt to manipulate, the price of any commodity, a civil
penalty of not more than the greater of $1,000,000 or triple
the monetary gain to such person for each such violation,''.
(b) Manipulations and Other Violations.--Section 6(d) of
the Commodity Exchange Act (7 U.S.C. 13b) is amended in the
first sentence--
(1) by striking ``paragraph (a) or (b) of section 9 of this
Act'' and inserting ``subsection (a), (b), or (f) of section
9''; and
(2) by striking ``said paragraph 9(a) or 9(b)'' and
inserting ``subsection (a), (b), or (f) of section 9''.
(c) Nonenforcement of Rules of Government or Other
Violations.--Section 6b of the Commodity Exchange Act (7
U.S.C. 13a) is amended--
(1) in the first sentence, by inserting before the period
at the end the following: ``, or, in any case of manipulation
of, or an attempt to manipulate, the price of any commodity,
a civil penalty of not more than $1,000,000 for each such
violation''; and
(2) in the second sentence, by inserting before the period
at the end the following: ``, except that if the failure or
refusal to obey or comply with the order involved any offense
under section 9(f), the registered entity, director, officer,
agent, or employee shall be guilty of a felony and, on
conviction, shall be subject to penalties under section
9(f)''.
(d) Action To Enjoin or Restrain Violations.--Section 6c(d)
of the Commodity Exchange Act (7 U.S.C. 13a-1(d)) is amended
by striking ``(d)'' and all that follows through the end of
paragraph (1) and inserting the following:
``(d) Civil Penalties.--In any action brought under this
section, the Commission may seek and the court shall have
jurisdiction to impose, on a proper showing, on any person
found in the action to have committed any violation--
``(1) a civil penalty in the amount of not more than the
greater of $100,000 or triple the monetary gain to the person
for each violation; or
``(2) in any case of manipulation of, or an attempt to
manipulate, the price of any commodity, a civil penalty in
the amount of not more than the greater of $1,000,000 or
triple the monetary gain to the person for each violation.''.
(e) Violations Generally.--Section 9(a) of the Commodity
Exchange Act (7 U.S.C. 13) is amended--
(1) by striking ``(or $500,000 in the case of a person who
is an individual)'';
(2) by striking ``five years'' and inserting ``10 years'';
and
(3) in paragraph (2), by striking ``false or misleading or
knowingly inaccurate reports'' and inserting ``knowingly
false, misleading, or inaccurate reports''.
SEC. 306. CONFORMING AMENDMENTS.
(a) Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is
amended--
(1) in subsection (d)(1), by striking ``section 5b'' and
inserting ``section 5a(g), 5b,'';
(2) in subsection (e)(1), by inserting ``(1)'' after
``(g)''; and
(3) in subsection (i)--
(A) in paragraph (1)--
(i) by striking ``No provision'' and inserting ``In
general.--Subject to subsections (g)(2) and (h)(7), no
provision''; and
(ii) in subparagraph (A), by inserting ``(1)'' after
``2(g)''; and
(B) in paragraph (2), by striking ``No provision'' and
inserting ``In general.--Subject to subsections (g)(2) and
(h)(7), no provision''.
(b) Section 4i of the Commodity Exchange Act (7 U.S.C. 6i)
is amended in the first sentence by inserting ``, or pursuant
to an exemption under section 4(c)'' after ``transaction
execution facility''.
(c) Section 8a(9) of the Commodity Exchange Act (7 U.S.C.
12a(9)) is amended--
(1) by inserting ``or an electronic energy trading
facility'' after ``direct the contract market'';
(2) by inserting after ``liquidation of any futures
contract'' the following: ``or included energy transaction'';
and
(3) by inserting ``or an electronic energy trading
facility'' after ``given by a contract market''.
______
By Mr. WYDEN (for himself and Mr. Talent):
S. 510. A bill to reduce and eliminate electronic waste through
recycling; to the Committee on France.
Mr. WYDEN. Mr. President, the pace of technological innovation offers
American consumers an eye-catching array of electronic gadgets. But for
every new lap top or HDTV that goes home from the store with a
consumer, an old computer or TV gets moved to the garage or shoved into
the back of a closet. What to do with the growing amount of trash from
the digital economy is a question that Senator Talent and I believe
must be addressed before our landfills are full and foreign countries
close their ports to ships loaded down with old US computers. Today we
are introducing bipartisan legislation to jumpstart a nationwide
electronic waste recycling initiative.
When I was a member of the Commerce Committee, I helped write the
[[Page S2018]]
ground rules for the digital economy. My goal was to help create a
climate that would spur the development of technology so it would
become accessible and affordable to all Americans. This approach seems
to be working. One measure of the success of the digital economy is the
sheer number of computers and electronic gadgets that Americans own.
Americans now spend more than $130 billion a year on electronics, from
computers to HDTVs.
The boom in consumer spending on electronics and the growth in the
digital economy are not without a downside. In one year alone, some 60
million computers and 20 million television sets become obsolete and
more than 500 million computers will be discarded in the decade ending
in 2007. These obsolete computers alone will result in over 6.3 billion
pounds of plastic and 1.6 billion pounds of lead in our landfills or
incinerators.
Electronic waste, or e-waste, is not even a blip on the radar screen
of most policymakers. There have been a few news articles here and
there, but so far they've been buried, well behind page one. I want to
tackle the problem of e-waste in the same way we went about solving the
Y-2K problem: putting policies in place to help all stakeholders deal
with it before it overtakes us.
Some communities across the country have begun to talk about how to
deal with the accumulation of electronic waste. A few States, like
California and Maine, recently passed laws to get recycling programs
going. Several other States, including my own State of Oregon, will
likely consider legislation this year. Among the options, some States
favor an upfront fee, tacked onto the price of electronics, intended to
help pay for the cost of recycling, others are looking at end-of-life
fees. No one yet has looked at the approach Senator Talent and I are
proposing.
My own sense is that slapping a fee on consumers for the purchase of
a new computer or television is not necessarily the best way to
encourage them to drag those old 80-pound computers and TVs out of the
basement and get them to a recycling facility. Someone who needs a new
one may just pay the fee but leave their old computers and TVs at home.
End-of-life fees mean that today's manufacturers and retailers end up
paying for e-trash left over from manufacturers that have gone out of
business or from off-shore companies.
The bipartisan legislation Senator Talent and I are introducing
today, The Electronic Waste Recycling Promotion and Consumer Protection
Act, takes a novel approach to the problem.
First, to get consumers motivated to move their old computers or
televisions out of the garage and to a recycling facility, the bill
would give them a one-time tax credit based on showing they gave their
old computers or televisions to a qualified recycler.
Second, to build up the recycling infrastructure nationwide, the
legislation would give manufacturers, retailers and qualified recyclers
tax credits over a 3-year period, based on showing that they had
recycled a certain amount of e-waste each year and done it in a way
that is safe and environmentally sound.
Third, the bill would give the Environmental Protection Agency a year
to come up with options for a nationwide e-waste recycling program that
would, if approved by Congress, preempt State plans. Manufacturers,
retailers and recyclers are going to find it increasingly difficult to
deal with a crazy quilt of 50 different State e-waste recycling laws.
These are the incentives, but incentives without teeth won't work. So
at the end of 3 years of tax credits, if EPA determines that there are
enough recyclers in place, no one who operates a municipal solid waste
facility could knowingly accept any computer, computer monitor or
television unless the e-waste is to be recycled.
The bill would also ask EPA to consider the benefits of requiring
manufacturers who sell computers and TVs to take them back for
recycling. And, to make sure we're keeping our own house in order, the
legislation would require the federal government to properly recycle
its computers.
The goal here is to provide incentives to build a nationwide e-waste
recycling infrastructure. EPA estimates that electronic waste already
constitutes 40 percent of the lead and 70 percent of the heavy metals
found in landfills today. If this waste is not handled properly, there
is a real risk that toxins from the lead, mercury and cadmium will
leach into the air, soil and water. The health effects of these toxins
are well known and include an increased risk of cancer as well as harm
to kidneys, the brain and the nervous system.
As one who has worked so hard to foster the digital economy, I
believe there is also a duty to assure that e-waste is handled
responsibly. Consumers need to know that potentially harmful e-waste is
being handled properly and I can't find a reason to add millions of
tons of new toxic waste to our environment.
I also believe that the United States, as the leading innovator and
consumer of electronic products in the world, has a duty to deal with
e-waste responsibly. Sending shiploads full of e-junk that contains
harmful lead, mercury and cadmium to poor countries overseas is not my
idea of responsible.
Senator Talent and I have worked with a group of folks that normally
don't see eye to eye on such issues. Through many hours of negotiation
they have helped us produce a bill that represents a solid first step
toward solving this problem. I am pleased that we have support for the
approach taken in our legislation from environmental groups and
industry groups, ranging from manufacturers like HP and Intel to
retailers and solid waste recyclers, like Waste Management. We are
committed to continuing to work with them to move the legislation
through Congress.
In closing, electronic waste is not going away. It's time to put
bipartisan policies in place that will jumpstart the creation of a
nationwide e-waste recycling infrastructure so that consumers have
access to recycling facilities and get in the habit of recycling these
items. I've talked to manufacturers, retailers, recyclers,
environmental and consumer groups and they tell me that this issue must
be addressed now by a national rather than state-by-state approach.
This bill is a common-sense, first step that will help us get a handle
on the growing problem of electronic waste.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 510
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Waste Recycling
Promotion and Consumer Protection Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the National Safety Council estimates that--
(A) in 2003, over 60,000,000 personal computers became
obsolete and between 1997 and 2007 more than 500,000,000
computers will need to be discarded; and
(B) at an average weight of 70 pounds, this will result in
over 6,300,000,000 pounds of plastic and 1,600,000,000 pounds
of lead added to the supply of waste needing to be managed;
(2) according to the Environmental Protection Agency--
(A) a computer monitor or television set generally contains
4 to 8 pounds of lead;
(B) mercury, cadmium, and other heavy metals are generally
used in such equipment as well; and
(C) households and businesses in the United States often do
not discard older computers and televisions when buying newer
versions of the same products;
(3) according to experts, the average household may have
between 2 and 3 older computers and televisions in storage,
and approximately 20,000,000 to 24,000,000 computers and
televisions are placed in storage each year;
(4) according to the Environmental Protection Agency,
discarded computer, television, and other electronic
equipment--
(A) when not discarded in large quantities, is currently
managed in most States as municipal solid waste, just like
ordinary trash; and
(B) constitute 40 percent of the lead and 70 percent of the
heavy metals that are found in landfills and, if not handled
properly, can be released into the environment, contaminating
air and groundwater and posing a significant threat to human
health, including potential damage to kidney, brain, and
nervous system function, and cancer in cases of excessive
exposure;
(5) materials used in computers, televisions, and similar
electronic products can be recovered through recycling, which
conserves resources and minimizes the potentially harmful
human and environmental health effects of those materials;
and
[[Page S2019]]
(6) establishing a nationwide infrastructure for electronic
waste recycling will--
(A) facilitate access of people in the United States to
recycling services; and
(B) improve the efficiency and use of electronic waste
recycling.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Cathode ray tube.--The term ``cathode ray tube'' means
a vacuum tube used to convert an electronic signal into a
visual image, for use in a computer monitor, television, or
other piece of electronic equipment.
(3) Computer.--
(A) In general.--The term ``computer'' means an electronic,
magnetic, optical, electrochemical, or other high speed data
processing device that performs logical, arithmetic, or
storage functions.
(B) Exclusions.--The term ``computer'' does not include an
automated typewriter or typesetter, video game console,
portable hand held calculator, personal digital assistant,
cellular telephone, or other similar device.
(4) Consumer.--The term ``consumer'' means--
(A) an occupant of a single, detached dwelling unit or a
single unit of a multiple dwelling unit who--
(i) has used a computer monitor, a television, or another
piece of electronic equipment that contains a display screen
or a system unit; and
(ii) used the equipment described in subparagraph (A) at
the dwelling unit of the occupant; and
(B) a commercial, educational, or other entity that
discarded for recycling not more than 20 display screens or
system units per year during the previous 5 years.
(5) Display screen--
(A) In general.--The term ``display screen'' means a
cathode ray tube, flat panel screen, or other similar video
display device with a screen size of greater than 4 inches,
measured diagonally.
(B) Exclusion.--The term ``display screen'' does not
include commercial or industrial equipment, or household
appliances, that contain--
(i) a cathode ray tube;
(ii) a flat panel screen; or
(iii) another similar video device.
(6) Hazardous waste.--The term ``hazardous waste'' has the
meaning given the term in section 1004 of the Solid Waste
Disposal Act (42 U.S.C. 6903).
(7) Recycle--The term ``recycle'' means the performance of
a process by 1 or more persons by which a display screen or a
system unit is--
(A) sorted;
(B) if necessary, transported;
(C) to the maximum extent practicable, separated to recover
any component or commodity inside the display screen or
system unit that can be reduced to raw materials or products;
and
(D) treated such that any remaining material is disposed of
properly and in an environmentally sound manner consistent
with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(8) System unit.--The term ``system unit'' means--
(A) the casing or portion of a computer that contains the
central processing unit, which performs the primary quantity
of data processing; and
(B) the unit that, together with the memory, forms the
central part of the computer, to which peripheral devices may
be attached.
(9) Universal waste.--The term ``universal waste'' has the
meaning given the term in the Environmental Protection Agency
Standards of Universal Waste Management established under
section 273 of title 40, Code of Federal Regulations (and
successor regulations).
SEC. 4. CREDIT FOR RECYCLING ELECTRONIC WASTE.
(a) In General.--Subpart B of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 30B. CREDIT FOR RECYCLING ELECTRONIC WASTE.
``(a) Allowance of Credit.--In the case of an eligible
taxpayer, there shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal
to $8 per unit of qualified electronic waste that is
collected from consumers and recycled.
``(b) Eligible Taxpayer.--For purposes of this section, the
term `eligible taxpayer' means any person which--
``(1) collects from consumers and recycles, or arranges for
the recycling of, not less than 5,000 units of qualified
electronic waste during that person's taxable year,
``(2) submits with the person's tax return documentation of
the final destination of all units of electronic waste
collected from consumers during the person's taxable year for
the purpose of recycling, and
``(3) certifies that all reclamation and recycling carried
out by the person was performed by an eligible recycler.
``(c) Definitions.--For purposes of this section--
``(1) Qualified electronic waste.--The term `qualified
electronic waste' means any display screen or any system
unit.
``(2) Consumer, display screen; recycle; system unit.--The
terms `consumer', `display screen', `recycle', and `system
unit' have the meaning given the terms by section 3 of the
Electronic Waste Recycling Promotion and Consumer Protection
Act.
``(d) Disallowance of credit.--No credit shall be allowed
under this section for recycling a unit of qualified
electronic waste which is collected from a consumer in a
State which has adopted and implemented a statewide program
in accordance with State law which mandates or provides
incentives for recycling electronic waste, including a
mandatory per-unit, upfront charge to consumers for the
purpose of recycling electronic waste.
``(e) Final regulations.--
``(1) In general.--Not later than the date which is 180
days after the date of the enactment of this section, the
Secretary, after consultation with the Administrator of the
Environmental Protection Agency, shall issue such final
regulations as may be necessary and appropriate to carry out
this section.
``(2) Inclusion.--
``(A) In general.--Subject to subparagraph (B), the
regulations issued under paragraph (1) shall include--
``(i) requirements for certifying recyclers as eligible to
recycle qualified electronic waste,
``(ii) requirements to ensure that all recycling of
qualified electronic waste is performed in a manner that is
safe and environmentally sound, and
``(iii) a provision which allows a tax credit under this
section to be shared by 2 or more eligible taxpayers,
provided that the total tax credit for a unit of electronic
waste under this section does not exceed $8.
``(B) Limitation.--The Secretary shall not certify a
recycler as eligible under this subsection unless the
recycler is--
``(i) a taxpayer, or
``(ii) a State or local government.
``(f) Termination.--This section shall not apply with
respect to any unit of qualified electronic waste which is
recycled after the date which is 3 years after the date on
which the final regulations issued pursuant to subparagraph
(e) take effect.''.
(b) Conforming Amendment.--The table of sections for
subpart B of part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new item:
``Sec. 30B. Credit for recycling electronic waste.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to display screens and system units
recycled after the date on which the final regulations issued
pursuant to section 30B of subpart B of part IV of subchapter
A of chapter 1 of the Internal Revenue Code of 1986 (as added
by this section) take effect.
SEC. 5. CONSUMER CREDIT FOR RECYCLING ELECTRONIC WASTE.
(a) In General.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 25B the following new section:
``SEC. 25C. CONSUMER CREDIT FOR RECYCLING ELECTRONIC WASTE.
``(a) Allowance of Credit.--In the case of an eligible
consumer, there shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal
to $15 for the recycling of 1 or more units of qualified
electronic waste.
``(b) Eligible Consumer.--For purposes of this section, the
term `eligible consumer' means any individual--
``(1) with respect to whom a credit under this section has
not been allowed in any preceding taxable year, and
``(2) who submits with the individual's tax return such
information as the Secretary requires to document that each
unit of qualified electronic waste was recycled by a recycler
certified by the Secretary pursuant to subsection (d).
``(c) Definitions.--For purposes of this section--
``(1) Qualified electronic waste.--The term `qualified
electronic waste' means any display screen or any system
unit.
``(2) Consumer, display screen; recycle; system unit.--The
terms `consumer', `display screen', `recycle', and `system
unit' have the meaning given the terms by section 3 of the
Electronic Waste Recycling Promotion and Consumer Protection
Act.
``(d) Final regulations.--
``(1) In general.--Not later than the date which is 180
days after the date of the enactment of this section, the
Secretary, after consultation with the Administrator of the
Environmental Protection Agency, shall issue such final
regulations as may be necessary and appropriate to carry out
this section.
``(2) Inclusion.--
``(A) In general.--Subject to subparagraph (B), the
regulations issued under paragraph (1) shall include--
``(i) requirements for certifying recyclers as eligible to
recycle qualified electronic waste, and
``(ii) requirements to ensure that all recycling of
qualified electronic waste is performed in a manner that is
safe and environmentally sound.
``(B) Limitation.--The Secretary shall not certify a
recycler as eligible under this subsection unless the
recycler is--
``(i) a taxpayer, or
``(ii) a State or local government.
``(e) Termination.--This section shall not apply with
respect to any unit of qualified electronic waste which is
recycled after the date which is 3 years after the date on
which
[[Page S2020]]
the final regulations issued pursuant to subsection (d) take
effect.''.
(b) Conforming Amendments.--
(1) Section 26(a)(1) of the Internal Revenue Code of 1986
is amended by striking ``and 25B'' and inserting ``25B, and
25C''.
(2) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25B the
following new item:
``Sec. 25C. Consumer credit for recycling electronic waste.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to display screens and system units
recycled after the date on which the final regulations issued
pursuant to section 30B of subpart A of part IV of subchapter
A of chapter 1 of the Internal Revenue Code of 1986 (as added
by this section) take effect.
SEC. 6. PROHIBITIONS OF DISPOSAL WITHOUT RECYCLING.
(a) Display Screen and System Unit Disposal Ban.--
(1) In general.--Effective beginning on the date that is 3
years after the date of enactment of this Act, if the
Administrator determines that a majority of households in the
United States have sufficient access to a recycling service
for display screens and system units, it shall be unlawful
for the operator of a landfill, incinerator, or any other
facility for the transfer, disposal, or storage of municipal
solid waste to knowingly receive from a consumer a display
screen or system unit, except for the purpose of recycling or
arranging for the recycling of the display screen or system
unit by a recycler certified as an eligible recycler by the
Administrator.
(2) Procedures.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop and
issue guidelines covering waste handlers and waste transfer
stations to assist in developing recycling procedures for
display screens and system units.
(3) Exemptions.--As part of the guidelines issued pursuant
to paragraph (2), the Administrator shall classify display
screens and system units as universal waste and provide for
the exemption of display screens and system units from the
requirements of the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.) as necessary to facilitate the collection, storage,
and transportation of display screens and system units for
the purpose of recycling.
(b) Enforcement.--A violation of subsection (a) by any
person or entity shall be subject to enforcement under
applicable provisions of the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).
SEC. 7. RECYCLING OF DISPLAY SCREENS AND SYSTEM UNITS
PROCURED BY THE FEDERAL GOVERNMENT.
(a) Definition of executive agency.--In this section, the
term ``executive agency'' has the meaning given the term in
section 11101 of title 40, United States Code.
(b) Requirement for recycling.--The head of each executive
agency shall ensure that each display screen and system unit
procured by the Federal Government--
(1) is recovered upon the termination of the need of the
Federal Government for the display screen or system unit; and
(2) is recycled by a recycler certified as an eligible
recycler by the Administrator through--
(A) a program established after the date of enactment of
this Act by the executive agency, either alone or in
conjunction with 1 or more other executive agencies; or
(B) any other program for recycling or reusing display
screens and system units.
SEC. 8. NATIONWIDE RECYCLING PROGRAM.
(a) Study.--
(1) In general.--The Administrator, in consultation with
appropriate executive agencies (as determined by the
Administrator), shall conduct a study of the feasibility of
establishing a nationwide recycling program for electronic
waste that preempts any State recycling program.
(2) Inclusions.--The study shall include an analysis of
multiple programs, including programs involving--
(A) the collection of an advanced recycling fee;
(B) the collection of an end-of-life fee;
(C) producers of electronics assuming the responsibility
and the cost of recycling electronic waste; and
(D) the extension of a tax credit for recycling electronic
waste.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to
Congress a report describing--
(1) the results of the study conducted under subsection
(a);
(2) 1 or more prospective nationwide recycling programs,
including--
(A) a cost-benefit analysis of each program, including--
(i) the cost of the program to--
(I) consumers;
(II) manufacturers;
(III) retailers; and
(IV) recyclers; and
(ii) the estimated overhead and administrative expenses of
carrying out and monitoring the program; and
(B) the quantity of display screens and system units
projected to be recycled under the program;
(3)(A) the benefits of establishing a nationwide take-back
provision that would require, as part of the program, all
manufacturers of display screens or system units for sale in
the United States to collect and recycle, or arrange for the
recycling of, display screens and system units; and
(B) a projection of the quantity of display screens and
system units that would be recycled annually under a
nationwide take-back provision;
(4)(A) any emerging electronic waste streams, such as--
(i) cellular telephones; and
(ii) personal digital assistants; and
(B) a cost-benefit analysis of including an emerging
electronic waste stream in a national recycling program; and
(5) the progress of the Administrator in carrying out
section 6, including--
(A) information on enforcement of the prohibition; and
(B) any increase in recycling as a result of the
prohibition.
______
By Mr. DeMINT (for himself, Mr. Allen, Mr. Brownback, Mr. Coburn,
Mr. Ensign, Mr. Enzi, Mr. Inhofe, Mr. Santorum, and Mr.
Vitter):
S. 511. A bill to provide that the approved application under the
Federal Food, Drug, and Cosmetic Act for the drug commonly known as RU-
486 is deemed to have been withdrawn, to provide for the review by the
Comptroller General of the United States of the process by which the
Food and Drug Administration approved such drug, and for other
purposes; to the Committee on Health, Education, Labor, and Pensions.
Mr. DeMINT. Mr. President, I rise today to reintroduce ``Holly's
Law,'' a bill that would suspend FDA's approval of RU-486 and direct
the GAO to conduct an independent review of the process used by the FDA
to approve the drug.
Holly's Law is named in memory of Holly Patterson, an 18-year old
woman who died after taking the drug in 2003. RU-486 has killed three
women in the United States and many more have been hospitalized with a
severe bacterial infection known as septic shock.
RU-486 was approved by the FDA in September of 2000. The FDA approved
RU-486 under a special ``restricted distribution'' approval process
known as ``Subpart H,'' reserved only for drugs that treat ``severe or
life-threatening illnesses,'' like cancer and AIDS.
Subpart H allows an expedited approval of certain drugs by not
subjecting them to the testing and review standards required of all
other new drugs. These are important tests necessary to determine the
safety and long-term effects of a drug. Clearly, the fact that these
tests were not done on RU-486 was a damaging omission considering the
death and illness associated with use of the drug.
Due to the serious threat RU-486 poses to women's health, we are
asking that Congress suspend FDA's approval of RU-486 until the GAO can
provide a report on whether RU-486 should have been deemed ``safe and
effective'' by the FDA.
I am grateful to Senators Allen, Brownback, Coburn, Ensign, Enzi,
Inhofe, Santorum and Vitter who have joined me as original cosponsors
of this bill. They understand that RU-486 is a dangerous drug that
cannot remain on the market while more women die. I urge my colleagues
to support Holly's Law to take RU-486 off the market before more women
are harmed by it.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 511
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``RU-486 Suspension and Review
Act of 2005''.
SEC. 2. FINDING.
Congress finds that the use of the drug mifepristone
(marketed as Mifeprex, and commonly known as RU-486) in
conjunction with the off-label use of misoprostol to
chemically induce abortion has caused a significant number of
deaths, near deaths, and adverse reactions.
SEC. 3. SUSPENSION OF APPROVAL OF DRUG COMMONLY KNOWN AS RU-
486; REVIEW AND REPORT BY GOVERNMENT
ACCOUNTABILITY OFFICE.
(a) In General.--Effective on the date that is 15 days
after the date of the enactment of this Act:
(1) The approved application under section 505(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)) for
the drug mifepristone (marketed as Mifeprex, and
[[Page S2021]]
commonly known as RU-486) is deemed to have been withdrawn
under section 505(e) of such Act (21 U.S.C. 355(e)).
(2) For purposes of sections 301(d) and 304 of such Act (21
U.S.C. 331(d) and 334), the introduction or delivery for
introduction of such drug into interstate commerce shall be
considered a violation of section 505 of such Act.
(3) The drug misoprostol shall be considered misbranded for
purposes of sections 301 and 304 of such Act if the drug
bears labeling providing that the drug may be used for the
medical termination of intrauterine pregnancy or that the
drug may be used in conjunction with another drug for the
medical termination of intrauterine pregnancy.
(b) Review and Report by Government Accountability
Office.--
(1) In general.--The Comptroller General of the United
States shall review the process by which the Food and Drug
Administration approved mifepristone under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) and
shall determine whether such approval was provided in
accordance with such section. The Secretary of Health and
Human Services shall ensure that the Comptroller General has
full access to all information possessed by the Department of
Health and Human Services that relates to such process.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United
States shall complete the review under paragraph (1) and
submit to Congress and the Secretary of Health and Human
Services a report that provides the findings of the review.
(c) Contingent Reinstatement of Approval of Drug.--If the
report under subsection (b) includes a determination by the
Comptroller General of the United States that the approval by
the Food and Drug Administration of mifepristone was provided
in accordance with section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355), the Secretary of Health and
Human Services shall publish such statement in the Federal
Register. Effective upon the expiration of 30 days after such
publication, subsection (a) shall cease to have any legal
effect.
______
By Mr. SANTORUM (for himself, Mr. Rockefeller, and Mr. Reed):
S. 512. A bill to amend the Internal Revenue Code of 1986 to classify
automatic fire sprinkler systems as 5-year property for purposes of
depreciation; to the Committee on Finance.
Mr. SANTORUM. I rise today to introduce with Senator Rockefeller the
bipartisan Fire Sprinkler Incentive Act of 2005. Passage of this Act
would serve greatly to help reduce the tremendous annual economic and
human losses that fire in the United States inflicts on the national
economy and quality of life.
In the United States, fire departments responded to approximately 1.7
million fires in 2002. Annually, over 500,000 of these are structural
fires causing approximately 3,400 deaths, around 100 of which are
firefighters. Fire also caused some 18.5 million civilian injuries and
$10.3 billion in direct property loss. The indirect cost of fire in the
United States annually exceeds $80 billion. These losses are
staggering. All of this translates to the fact that fire departments
respond to a fire every 18 seconds. Every 60 seconds a fire breaks out
in a structure, and in a residential structure every 80 seconds.
There are literally thousands of high-rise buildings built under
older codes that lack adequate fire protection. Billions of dollars
were spent to make these and other buildings handicapped accessible,
but people with disabilities now occupying these buildings are not
adequately protected from fire. At recent code hearings,
representatives of the health care industry testified that there are
approximately 4,200 nursing homes that need to be retrofitted with fire
sprinklers. They further testified that the billion dollar cost of
protecting these buildings with fire sprinklers would have to be raised
through corresponding increases in Medicare and Medicaid. In addition
to the alarming number of nursing homes lacking fire sprinkler
protection, there are literally thousands of assisted living facilities
housing older Americans and people with disabilities that lack fire
sprinkler protection.
The solution resides in automatic sprinkler systems that are usually
triggered within 4 minutes of ignition when the temperature rises above
120 degrees. The National Fire Protection Association (NFPA) has no
record of a fire killing more than two people in a public assembly,
educational, institutional, or residential building that has fully
operational sprinklers. Furthermore, sprinklers are responsible for
dramatically reducing property loss, from as low as 42 percent to as
high as 70 percent depending on the structure.
Building owners do not argue with fire authorities over the logic of
protecting their building with fire sprinklers. The issue is cost. This
bill would drastically reduce the staggering annual economic toll of
fire in America and thereby dramatically improve the quality of live
for everyone involved. This legislation provides a tax incentive for
businesses to install sprinklers through the use of a 5-year
depreciation period, opposed to the current 27.5 or 39-year period for
installations in residential rental and non-residential real property
respectively. While only a start, the bill will help eliminate the
massive losses seen in nursing homes, nightclubs, office buildings,
apartment buildings, manufacturing facilities, and other for-profit
entities.
This bill enjoys support from a variety of organizations. They
include: the American Insurance Association, the American Fire
Sprinkler Association, the California Department of Forestry and Fire
Protection, Campus Firewatch, Congressional Fire Services Institute,
Independent Insurance Agents & Brokers of America, International
Association of Arson Investigators, International Association of Fire
Chiefs, International Fire Service Training Association, National Fire
Protection Association, National Fire Sprinkler Association, National
Volunteer Fire Council, the Society of Fire Protection Engineers, and
the Mechanical Contractors Asociation of America.
The Fire Sprinkler Incentive Act of 2005 provides long-needed safety
incentives for building owners that will help fire departments across
the country save lives. I ask my colleagues for their support of this
important piece of legislation.
______
By Mr. GREGG (for himself, Mr. Kennedy, Ms. Mikulski, Mr. Harkin,
Mr. Bingaman, Mr. Reed, Mrs. Murray, Mrs. Lincoln, Mr. Kerry,
and Mr. Durbin):
S. 513. A bill to provide collective bargaining rights for public
safety officers employed by States or their political subdivisions; to
the Committee on Health, Education, Labor, and Pensions.
Mr. GREGG. Mr. President, today I am pleased to be joined by Senators
Kennedy, Mikulski, Harkin, Bingaman, Reed, Murray, Lincoln, Kerry and
Durbin in introducing the Public Safety Employer-Employee Cooperation
Act of 2005. This legislation would extend to firefighters and police
officers the right to discuss workplace issues with their employers.
With the enactment of the Congressional Accountability Act, State and
local government employees remain the only sizable segment of workers
left in America who do not have the basic right to enter into
collective bargaining agreements with their employers. While most
States do provide some collective bargaining rights for their public
employees, others do not.
Studies have shown that communities which promote such cooperation
enjoy much more effective and efficient delivery of emergency services.
Such cooperation, however, is not possible in the States that do not
provide public safety employees with the fundamental right to bargain
with their employers.
The legislation I am introducing today is balanced in its recognition
of the unique situation and obligation of public safety officers. The
bill requires States, within 2 years, to guarantee the right of public
safety officers to form and voluntarily join a union to bargain
collectively over hours, wages and conditions of employment. The bill
protects the right of public safety officers to form, join, or assist
any labor organization or to refrain from any such activity, freely and
without fear of penalty or reprisal. In addition, the legislation
prohibits the use of strikes, lockouts, sickouts, work slowdowns or any
other action that is designed to compel an employer, officer or labor
organization to agree to the terms of a proposed contract and that will
measurably disrupt the delivery of services.
Under this legislation, States would continue to be able to enforce
right-to-work laws which prohibit employers and labor organizations
from negotiating labor agreements that require union membership or
payment of union fees as a condition of employment. The legislation
also preserves the right of
[[Page S2022]]
management to not bargain over issues traditionally reserved for
management-level decisions. All States with a State bargaining law for
public safety officers that grants rights equal to or greater than the
rights provided under this bill would be exempt. The bill also gives
States the option to exempt from coverage subdivisions with populations
of less than 5,000 or fewer than 25 full time employees.
Labor-management partnerships, which are built upon bargaining
relationships, result in improved public safety. Employer-employee
cooperation contains the promise of saving the taxpayer money by
enabling workers to offer input as to the most efficient way to provide
services. In fact, studies have shown that States that give
firefighters the right to discuss workplace issues actually have lower
fire department budgets than States without those laws.
The Public Safety Employer-Employee Cooperation Act of 2005 will put
firefighters and law enforcement officers on equal footing with other
employees and provide them with the fundamental right to negotiate with
employers over such basic issues as hours, wages, and workplace
conditions.
I urge its adoption and ask unanimous consent that the text of this
bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 513
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Employer-
Employee Cooperation Act of 2005''.
SEC. 2. DECLARATION OF PURPOSE AND POLICY.
The Congress declares that the following is the policy of
the United States:
(1) Labor-management relationships and partnerships are
based on trust, mutual respect, open communication, bilateral
consensual problem solving, and shared accountability. Labor-
management cooperation fully utilizes the strengths of both
parties to best serve the interests of the public, operating
as a team, to carry out the public safety mission in a
quality work environment. In many public safety agencies it
is the union that provides the institutional stability as
elected leaders and appointees come and go.
(2) The Federal Government needs to encourage conciliation,
mediation, and voluntary arbitration to aid and encourage
employers and their employees to reach and maintain
agreements concerning rates of pay, hours, and working
conditions, and to make all reasonable efforts through
negotiations to settle their differences by mutual agreement
reached through collective bargaining or by such methods as
may be provided for in any applicable agreement for the
settlement of disputes.
(3) The absence of adequate cooperation between public
safety employers and employees has implications for the
security of employees and can affect interstate and
intrastate commerce. The lack of such labor-management
cooperation can detrimentally impact the upgrading of police
and fire services of local communities, the health and well-
being of public safety officers, and the morale of the fire
and police departments. Additionally, these factors could
have significant commercial repercussions. Moreover,
providing minimal standards for collective bargaining
negotiations in the public safety sector can prevent
industrial strife between labor and management that
interferes with the normal flow of commerce.
SEC. 3. DEFINITIONS.
In this Act:
(1) Authority.--The term ``Authority'' means the Federal
Labor Relations Authority.
(2) Emergency medical services personnel.--The term
``emergency medical services personnel'' means an individual
who provides out-of-hospital emergency medical care,
including an emergency medical technician, paramedic, or
first responder.
(3) Employer; public safety agency.--The terms ``employer''
and ``public safety agency'' mean any State, political
subdivision of a State, the District of Columbia, or any
territory or possession of the United States that employs
public safety officers.
(4) Firefighter.--The term ``firefighter'' has the meaning
given the term ``employee engaged in fire protection
activities'' in section 3(y) of the Fair Labor Standards Act
(29 U.S.C. 203(y)).
(5) Labor organization.--The term ``labor organization''
means an organization composed in whole or in part of
employees, in which employees participate, and which
represents such employees before public safety agencies
concerning grievances, conditions of employment and related
matters.
(6) Law enforcement officer.--The term ``law enforcement
officer'' has the meaning given such term in section 1204(5)
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b(5)).
(7) Management employee.--The term ``management employee''
has the meaning given such term under applicable State law in
effect on the date of enactment of this Act. If no such State
law is in effect, the term means an individual employed by a
public safety employer in a position that requires or
authorizes the individual to formulate, determine, or
influence the policies of the employer.
(8) Public safety officer.--The term ``public safety
officer''--
(A) means an employee of a public safety agency who is a
law enforcement officer, a firefighter, or an emergency
medical services personnel;
(B) includes an individual who is temporarily transferred
to a supervisory or management position; and
(C) does not include a permanent supervisory or management
employee.
(9) Substantially provides.--The term ``substantially
provides'' means compliance with the essential requirements
of this Act, specifically, the right to form and join a labor
organization, the right to bargain over wages, hours, and
conditions of employment, the right to sign an enforceable
contract, and availability of some form of mechanism to break
an impasse, such as arbitration, mediation, or fact finding.
(10) Supervisory employee.--The term ``supervisory
employee'' has the meaning given such term under applicable
State law in effect on the date of enactment of this Act. If
no such State law is in effect, the term means an individual,
employed by a public safety employer, who--
(A) has the authority in the interest of the employer to
hire, direct, assign, promote, reward, transfer, furlough,
lay off, recall, suspend, discipline, or remove public safety
officers, to adjust their grievances, or to effectively
recommend such action, if the exercise of the authority is
not merely routine or clerical in nature but requires the
consistent exercise of independent judgment; and
(B) devotes a majority of time at work exercising such
authority.
SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBILITIES.
(a) Determination.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Authority shall make a
determination as to whether a State substantially provides
for the rights and responsibilities described in subsection
(b). In making such determinations, the Authority shall
consider and give weight, to the maximum extent practicable,
to the opinion of affected parties.
(2) Subsequent determinations.--
(A) In general.--A determination made pursuant to paragraph
(1) shall remain in effect unless and until the Authority
issues a subsequent determination, in accordance with the
procedures set forth in subparagraph (B).
(B) Procedures for subsequent determinations.--Upon
establishing that a material change in State law or its
interpretation has occurred, an employer or a labor
organization may submit a written request for a subsequent
determination. If satisfied that a material change in State
law or its interpretation has occurred, the Director shall
issue a subsequent determination not later than 30 days after
receipt of such request.
(3) Judicial review.--Any State, political subdivision of a
State, or person aggrieved by a determination of the
Authority under this section may, during the 60 day period
beginning on the date on which the determination was made,
petition any United States Court of Appeals in the circuit in
which the person resides or transacts business or in the
District of Columbia circuit, for judicial review. In any
judicial review of a determination by the Authority, the
procedures contained in subsections (c) and (d) of section
7123 of title 5, United States Code, shall be followed,
except that any final determination of the Authority with
respect to questions of fact or law shall be found to be
conclusive unless the court determines that the Authority's
decision was arbitrary and capricious.
(b) Rights and Responsibilities.--In making a determination
described in subsection (a), the Authority shall consider
whether State law provides rights and responsibilities
comparable to or greater than the following:
(1) Granting public safety officers the right to form and
join a labor organization, which may exclude management and
supervisory employees, that is, or seeks to be, recognized as
the exclusive bargaining representative of such employees.
(2) Requiring public safety employers to recognize the
employees' labor organization (freely chosen by a majority of
the employees), to agree to bargain with the labor
organization, and to commit any agreements to writing in a
contract or memorandum of understanding.
(3) Permitting bargaining over hours, wages, and terms and
conditions of employment.
(4) Requiring an interest impasse resolution mechanism,
such as fact-finding, mediation, arbitration or comparable
procedures.
(5) Requiring enforcement through State courts of--
(A) all rights, responsibilities, and protections provided
by State law and enumerated in this section; and
(B) any written contract or memorandum of understanding.
(c) Failure to Meet Requirements.--
(1) In general.--If the Authority determines, acting
pursuant to its authority under subsection (a), that a State
does not
[[Page S2023]]
substantially provide for the rights and responsibilities
described in subsection (b), such State shall be subject to
the regulations and procedures described in section 5.
(2) Effective date.--Paragraph (1) shall take effect on the
date that is 2 years after the date of enactment of this Act.
SEC. 5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Authority shall issue regulations
in accordance with the rights and responsibilities described
in section 4(b) establishing collective bargaining procedures
for public safety employers and officers in States which the
Authority has determined, acting pursuant to its authority
under section 4(a), do not substantially provide for such
rights and responsibilities.
(b) Role of the Federal Labor Relations Authority.--The
Authority, to the extent provided in this Act and in
accordance with regulations prescribed by the Authority,
shall--
(1) determine the appropriateness of units for labor
organization representation;
(2) supervise or conduct elections to determine whether a
labor organization has been selected as an exclusive
representative by a majority of the employees in an
appropriate unit;
(3) resolve issues relating to the duty to bargain in good
faith;
(4) conduct hearings and resolve complaints of unfair labor
practices;
(5) resolve exceptions to the awards of arbitrators;
(6) protect the right of each employee to form, join, or
assist any labor organization, or to refrain from any such
activity, freely and without fear of penalty or reprisal, and
protect each employee in the exercise of such right; and
(7) take such other actions as are necessary and
appropriate to effectively administer this Act, including
issuing subpoenas requiring the attendance and testimony of
witnesses and the production of documentary or other evidence
from any place in the United States, and administering oaths,
taking or ordering the taking of depositions, ordering
responses to written interrogatories, and receiving and
examining witnesses.
(c) Enforcement.--
(1) Authority to petition court.--The Authority may
petition any United States Court of Appeals with jurisdiction
over the parties, or the United States Court of Appeals for
the District of Columbia Circuit, to enforce any final orders
under this section, and for appropriate temporary relief or a
restraining order. Any petition under this section shall be
conducted in accordance with subsections (c) and (d) of
section 7123 of title 5, United States Code, except that any
final order of the Authority with respect to questions of
fact or law shall be found to be conclusive unless the court
determines that the Authority's decision was arbitrary and
capricious.
(2) Private right of action.--Unless the Authority has
filed a petition for enforcement as provided in paragraph
(1), any party has the right to file suit in a State court of
competent jurisdiction to enforce compliance with the
regulations issued by the Authority pursuant to subsection
(b), and to enforce compliance with any order issued by the
Authority pursuant to this section. The right provided by
this subsection to bring a suit to enforce compliance with
any order issued by the Authority pursuant to this section
shall terminate upon the filing of a petition seeking the
same relief by the Authority.
SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.
A public safety employer, officer, or labor organization
may not engage in a lockout, sickout, work slowdown, or
strike or engage in any other action that is designed to
compel an employer, officer, or labor organization to agree
to the terms of a proposed contract and that will measurably
disrupt the delivery of emergency services, except that it
shall not be a violation of this section for an employer,
officer, or labor organization to refuse to provide services
not required by the terms and conditions of an existing
contract.
SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS.
A certification, recognition, election-held, collective
bargaining agreement or memorandum of understanding which has
been issued, approved, or ratified by any public employee
relations board or commission or by any State or political
subdivision or its agents (management officials) in effect on
the day before the date of enactment of this Act shall not be
invalidated by the enactment of this Act.
SEC. 8. CONSTRUCTION AND COMPLIANCE.
(a) Construction.--Nothing in this Act shall be construed--
(1) to invalidate or limit the remedies, rights, and
procedures of any law of any State or political subdivision
of any State or jurisdiction that provides collective
bargaining rights for public safety officers that are equal
to or greater than the rights provided under this Act;
(2) to prevent a State from enforcing a right-to-work law
that prohibits employers and labor organizations from
negotiating provisions in a labor agreement that require
union membership or payment of union fees as a condition of
employment;
(3) to invalidate any State law in effect on the date of
enactment of this Act that substantially provides for the
rights and responsibilities described in section 4(b) solely
because such State law permits an employee to appear on his
or her own behalf with respect to his or her employment
relations with the public safety agency involved; or
(4) to permit parties subject to the National Labor
Relations Act (29 U.S.C. 151 et seq.) and the regulations
under such Act to negotiate provisions that would prohibit an
employee from engaging in part-time employment or volunteer
activities during off-duty hours; or
(5) to prohibit a State from exempting from coverage under
this Act a political subdivision of the State that has a
population of less than 5,000 or that employs less than 25
full time employees.
For purposes of paragraph (5), the term ``employee'' includes
each and every individual employed by the political
subdivision except any individual elected by popular vote or
appointed to serve on a board or commission.
(b) Compliance.--No State shall preempt laws or ordinances
of any of its political subdivisions if such laws provide
collective bargaining rights for public safety officers that
are equal to or greater than the rights provided under this
Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
______
By Mr. BYRD:
S. 514. A bill to complete construction of the 13-State Appalachian
development highway system, and for other purposes; to the Committee on
Environment and Public Works.
Mr. BYRD. Mr. President, today I am, again, introducing legislation
designed to fulfill an important promise made by the Federal Government
to the people of my State and my region some 40 years ago. That
promise, building and completing a network of highways through the
Appalachian region is known today as the Appalachian Development
Highway System or ADHS. I look forward to working with my fellow
Senators to have my legislation included in the reauthorization of the
Federal-aid Highway Program, a program at the core of Federal
infrastructure investment.
Over the course of the 108th Congress, we failed to reauthorize this
program. That legislation should have been enacted into law prior to
beginning fiscal year 2004. We are now more than one third of the way
through fiscal year 2005 and the 109th Congress must initiate new bills
to get the job done. I know I speak for many Senators in stressing the
need to complete this job during this session of Congress. We must
authorize a bill that addresses our deteriorating highways and bridges,
and is not squeezed by the artificial funding ceiling that the
administration wants.
The administration's own Conditions and Performance Report again
reminds us that a great deal more investment in our infrastructure is
essential to prevent the further deterioration of our nation's highways
and bridges.
At a September 30, 2002 hearing of the Senate Environment and Public
Works Committee, Administrator Mary Peters testified that, despite the
historic funding increase accomplished through TEA-21, congestion on
our roads continues to worsen. Funding for highway infrastructure by
all levels of government will have to increase by more than 65 percent
or $42.2 billion per year to actually improve the condition of our
Nation's highways. A funding increase of more than 17 percent or $11.3
billion is necessary to simply maintain the current poor condition of
our highway network, where more than one in four of our Nation's
bridges are classified as deficient.
At the end of 2002, I worked doggedly to ensure that the Senate
prevailed in the conference with the House on the omnibus
appropriations bill for fiscal year 2003 and rejected every penny of
the $8.6 billion cut in highway funding proposed by President Bush. In
2003, I was pleased to join with Senators Bond and Reid, the respective
chairman and ranking member of the Surface Transportation Subcommittee
in sponsoring a bipartisan amendment to the budget resolution for
fiscal year 2004 boosting funding for our Federal-aid Highway Program
by several billion dollars. That amendment commanded 79 votes on the
Senate floor.
Mr. President, I am one of only two members still serving in the
Congress that had the privilege of casting a vote in favor of
establishing the Interstate Highway System. I did so as a Member of the
other body back in 1956. Of equal if not greater importance to the
transportation needs of my region, however,
[[Page S2024]]
were the findings of the first Appalachian Regional Commission in 1964,
that while the Interstate Highway System was slated to provide historic
economic benefits to most of our Nation, the system would bypass the
Appalachian region because of the extremely high costs of building
highways through Appalachia's rugged topography.
In 1965, the Congress adopted the Appalachian Regional Development
Act that promised a network of modern highways to connect the
Appalachian region to the rest of the Nation's highway network and,
even more importantly, the rest of the Nation's economy. Absent the
Appalachian Development Highway System, my region of the country would
have been left with a transportation network of dangerous, narrow,
winding roads following the path of river valleys and stream beds
between mountains.
One of the observations contained in Administrator Peters' testimony
back in September of 2002 that especially caught my eye was her
statement that ``the condition of higher-order roads, such as
interstates, has improved considerably since 1993 while the condition
on many lower-order roads has deteriorated.'' The pattern of road
conditions mirrors the distribution of wealth in our country. The rich
are getting richer while the poor get poorer. That observation becomes
especially pertinent when one contemplates the challenge of completing
the Appalachian Development Highway System.
We have virtually completed the construction of the Interstate
Highway System and have moved on to other important transportation
goals. However, the people of my region still wait for the Federal
Government to make good on its 40-year-old promise to complete the
ADHS. The system is still less than 80 percent complete. My home State
of West Virginia is below the average for the entire Appalachian region
with only 72 percent of its mileage complete and open to traffic.
Unfortunately, there are still children in Appalachia who lack decent
transportation routes to school; and there are still pregnant mothers,
elderly citizens and others who lack road access to area hospitals.
There are thousands upon thousands of people who cannot obtain
sustainable well-paying jobs because of poor roads. The entire status
of the Appalachian Development Highway System is laid out in great
detail in the Cost to Complete Report for 2002 completed by the
Appalachian Regional Commission. This is the most comprehensive report
on the status of the Appalachian Development Highway System to date,
and I commend the staff of the Appalachian Regional Commission for
their hard work on this report. The last report was completed in 1997
just prior to Congressional consideration of TEA-21.
The enactment of TEA-21 signaled a new day in the advancement of the
Appalachian Development Highway System. Through the work of the
Committee on Environment and Public Works, the House Transportation and
Infrastructure Committee, and the administration, we took a great leap
forward by authorizing direct contract authority from the Highway Trust
Fund to the States for the construction of the ADHS. Up until that
point, funding for the Appalachian Development Highway System was
limited to uncertain general fund appropriations. By providing the
States of the Appalachian region with a predictable source of funds to
complete ADHS segments, TEA-21 reinvigorated efforts to keep the
promise made to the people of the Appalachian region.
This initiative has been a great success. States are making progress
toward the completion of the system. Since the last Cost to Complete
Report, 183 miles of the system have been opened to traffic and, the
cost to complete the system has been reduced by roughly $1.7 billion in
Federal funds.
I am pleased to report that the 13 States, to date, have succeeded in
obligating just under 90 percent of the obligation authority that has
been granted to them for the completion of the system. A 90-percent
obligation rate compares quite favorably to some of the other
transportation programs through which the States were granted multiple
years to obligate their funds.
According to the ARC's Cost to Complete Report, the remaining Federal
funds needed to complete the ADHS as the system was defined at the time
that report was completed are now estimated to be $4.467 billion. When
adjusted for inflation over the life of the next highway bill, using
the standard inflation calculation for highway projects, a total of
$5.04 billion will need to be authorized to complete the system. That
is a lot of money and I believe that figure deserves some explanation.
The considerable cost of completing the last 20 percent of the ADHS
is explained by the fact that the easiest segments of the system to
build have already been built. Much of the costs associated with
completing the most difficult unfinished segments are driven by the
requirement to comply with other Federal laws, especially the laws
requiring environmental mitigation measures when building new highways
through rural areas. While the $5.04 billion figure may seem large to
some of my colleagues, I would remind them that the last highway bill
authorized more than $218 billion in Federal infrastructure investment
over 6 years. It is my sincere hope and expectation that the next
highway bill will authorize an even greater amount.
Of critical importance to this debate is the fact that the unfinished
segments of the ADHS represent some of most dangerous and most
deficient roadways in our entire Nation. Often lost in our debate over
the necessity to invest in our highways is the issue of safety. The
Federal Highway Administration has published reports indicating that
substandard road conditions are a factor in 30 percent of all fatal
highway accidents. I am quite certain that the percentage is a great
deal higher in the Applachian region.
The Federal Highway Administration found that upgrading two-lane
roads to four-lane divided highways decreased fatal car accidents by 71
percent and that the widening of traffic lanes has served to reduce
fatalities by 21 percent. These are precisely the kind of road
improvements that are funded through the ADHS. In my state, the largest
segment of unfinished Appalachian Highway, if completed, will replace
the second most dangerous segment of roadway in West Virginia. So, even
those who would question the wisdom of completing these highways in the
name of economic development should take a hard look at the fact that
the people of rural Appalachia are taking their lives in their hands
every day as they drive on dangerous roads. It is time for this
Congress, in concert with the administration, to take the last great
leap forward and authorize sufficient contract authority to finally
complete the Appalachian Development Highway System. If we enact
another six-year highway bill with sufficient funds to complete the
system, we will finally pay the full costs of the ADHS some 45 years
after the system was first promised to the people of my region. The
legislation I am introducing today, the ``Appalachian Development
Highway System Completion Act,'' will provide sufficient contract
authority to complete the system. Importantly, it will guarantee that
the states of the Appalachian Region do not pay a penalty, either
through the distribution of minimum allocation funds, or the
distribution of obligation limitation, for receiving sufficient funds
to complete the Appalachian system.
I am very pleased that this administration has taken on the goal of
completing the ADHS. In her letter accompanying the Cost to Complete
Report, Administrator Peters said ``the completion of the ADHS is an
important part of the mission of the Federal Highway Administration. We
consider the accessibility, mobility and economic stimulation provided
by the ADHS to be entirely consistent with the goals of our agency.''
Ms. Peters further stated that the Appalachian Regional Commission's
2002 Cost to Complete Report, ``provides a sound basis for apportioning
future funding to complete the system.'' I thank Mary Peters and the
entire Federal Highway Administration for their leadership on this
issue and I look forward to working with Ms. Peters and her agency to
ensure that this commitment is borne out in the transportation
reauthorization legislation that is developed by the Congress.
Completion of a new highway bill will be an enormous task for this
Congress--one that is now more than 2
[[Page S2025]]
years overdue. As I look back over the many years of my public career,
one of the accomplishments of which I am most proud was my amendment
providing an additional $8 billion in funding to break the logjam
during the debate on the Intermodal Surface Transportation Efficiency
Act in 1991. Another was my sponsorship of the Byrd-Gramm-Baucus-Warner
Amendment during the Senate debate of TEA-21 in 1998. That effort
resulted in some $26 billion in funding being added to that bill and
put us on a path to historic funding increases for our nation's highway
infrastructure. I look forward again to working with my fellow Senators
on completion of a bill that makes the necessary investments in our
nation's highways, not just in the Appalachian region but across our
entire country.
______
By Mr. BYRD:
S. 515. A bill to amend title 32, United States Code, to increase the
maximum Federal share of the costs of State programs under the National
Guard Youth Challenge Program, and for other purposes; to the Committee
on Armed Services.
Mr. BYRD. Mr. President, in recent years, the public profile of the
National Guard has changed considerably. Known mainly for the
contributions of citizen-soldiers to their States and communities,
today the men and women of the National Guard are serving on the front
lines in Iraq and Afghanistan, enduring hardships in two of the world's
most dangerous places.
In spite of the long deployments, far away from the small towns and
big cities that these citizen-soldiers call home, the National Guard
continues its work for our States and the American people. Today, I
introduce legislation to support a most successful program that has
helped the National Guard change the lives of tens of thousands of
young Americans.
In 1991, I provided the first funding to establish a pilot program
known as the National Guard Civilian Youth Opportunities Program. Over
the years, this program has expanded in size and scope and is now known
as the National Guard Youth Challenge Program.
The Youth Challenge Program gives high school dropouts the skills
they need to turn their lives around. The advantage of using the
National Guard to provide a structured environment for these students
has been confirmed in studies by the Defense Science Board in 2000, the
White House Task Force on Disadvantaged Children in 2003, and the
Department of Defense in 2004.
The program now operates 27 academies in 24 States, including West
Virginia, Alaska, Hawaii, Georgia, Louisiana, Virginia, Michigan,
Florida, Texas, North Carolina, and South Carolina. Over 5,000 cadets
are now in training, and more than 58,000 have graduated from the
program since 1993. Fully three-quarters of the Youth Challenge
graduates have earned their high school diplomas in the program, but
the program is at the mercy of shrinking state budgets.
In March 2004, the Department of Defense recommended an increase in
Federal support for the program in order to prevent any more closures
of Youth Challenge academies. The bill I introduce today would write
that recommendation into law, phasing in the additional Federal support
over 3 years.
My legislation also proposes to increase the authorization for the
Youth Challenge program by $16.3 million, including $6.3 million for
the proposed increase in the Federal share of the Youth Challenge
Program's cost for Fiscal Year 2006.
My bill authorizes an additional $10 million to provide the first
significant per-student increase in funding since the program began.
For more than 12 years, the funding of the Youth Challenge Program has
remained constant at $14,000 per student, per year. Imagine that. Think
of that. At a time when the cost of education is growing by leaps and
bounds, the Youth Challenge program has held the line on its budget for
more than 12 years.
But such discipline means that there have been cutbacks in teachers,
uniforms, and activities. The additional $10 million authorized in my
bill would end these cutbacks, and may also be used to open new Youth
Challenge academies, giving more at-risk youth a chance to change their
lives.
Many of the citizen-soldiers of the National Guard serve our country
in distant lands, but their commitment to their communities continues.
The legislation I introduce today will strengthen that commitment by
expanding the National Guard Youth Challenge Program for disadvantaged
youth.
______
By Mrs. HUTCHISON:
S. 517. A bill to establish a Weather Modification Operations and
Research Board, and for other purposes; to the Committee on Commerce,
Science, and Transportation.
Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the text
of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 517
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Weather Modification
Research and Technology Transfer Authorization Act of 2005''.
SEC. 2. PURPOSE.
It is the purpose of this Act to develop and implement a
comprehensive and coordinated national weather modification
policy and a national cooperative Federal and State program
of weather modification research and development.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the Weather
Modification Advisory and Research Board.
(2) Executive director.--The term ``Executive Director''
means the Executive Director of the Weather Modification
Advisory and Research Board.
(3) Research and development.--The term ``research and
development'' means theoretical analysis, exploration,
experimentation, and the extension of investigative findings
and theories of scientific or technical nature into practical
application for experimental and demonstration purposes,
including the experimental production and testing of models,
devices, equipment, materials, and processes.
(4) Weather modification.--The term ``weather
modification'' means changing or controlling, or attempting
to change or control, by artificial methods the natural
development of atmospheric cloud forms or precipitation forms
which occur in the troposphere.
SEC. 4. WEATHER MODIFICATION ADVISORY AND RESEARCH BOARD
ESTABLISHED.
(a) In General.--There is established in the Department of
Commerce the Weather Modification Advisory and Research
Board.
(b) Membership.--
(1) In general.--The Board shall consist of 11 members
appointed by the Secretary of Commerce, of whom--
(A) at least 1 shall be a representative of the American
Meteorological Society;
(B) at least 1 shall be a representative of the American
Society of Civil Engineers;
(C) at least 1 shall be a representative of the National
Academy of Sciences;
(D) at least 1 shall be a representative of the National
Center for Atmospheric Research of the National Science
Foundation;
(E) at least 2 shall be representatives of the National
Oceanic and Atmospheric Administration of the Department of
Commerce;
(F) at least 1 shall be a representative of institutions of
higher education or research institutes; and
(G) at least 1 shall be a representative of a State that is
currently supporting operational weather modification
projects.
(2) Tenure.--A member of the Board serves at the pleasure
of the Secretary of Commerce.
(3) Vacancies.--Any vacancy on the Board shall be filled in
the same manner as the original appointment.
(b) Advisory Committees.--The Board may establish advisory
committees to advise the Board and to make recommendations to
the Board concerning legislation, policies, administration,
research, and other matters.
(c) Initial Meeting.--Not later than 30 days after the date
on which all members of the Board have been appointed, the
Board shall hold its first meeting.
(d) Meetings.--The Board shall meet at the call of the
Chair.
(e) Quorum.--A majority of the members of the Board shall
constitute a quorum, but a lesser number of members may hold
hearings.
(f) Chair and Vice Chair.--The Board shall select a Chair
and Vice Chair from among its members.
SEC. 5. DUTIES OF THE BOARD.
(a) Promotion of Research and Development.--In order to
assist in expanding the theoretical and practical knowledge
of weather modification, the Board shall promote and fund
research and development, studies, and investigations with
respect to--
(1) improved forecast and decision-making technologies for
weather modification operations, including tailored computer
workstations and software and new observation systems with
remote sensors; and
(2) assessments and evaluations of the efficacy of weather
modification, both purposeful (including cloud-seeding
operations) and
[[Page S2026]]
inadvertent (including downwind effects and anthropogenic
effects).
(b) Financial Assistance.--Unless the use of the money is
restricted or subject to any limitations provided by law, the
Board shall use amounts in the Weather Modification Research
and Development Fund--
(1) to pay its expenses in the administration of this Act,
and
(2) to provide for research and development with respect to
weather modifications by grants to, or contracts or
cooperative arrangements, with public or private agencies.
(c) Report.--The Board shall submit to the Secretary
biennially a report on its findings and research results.
SEC. 6. POWERS OF THE BOARD.
(a) Studies, Investigations and Hearings.--The Board may
make any studies or investigations, obtain any information,
and hold any hearings necessary or proper to administer or
enforce this Act or any rules or orders issued under this
Act.
(b) Personnel.--The Board may employ, as provided for in
appropriations Acts, an Executive Director and other support
staff necessary to perform duties and functions under this
Act.
(c) Cooperation With Other Agencies.--The Board may
cooperate with public or private agencies to promote the
purposes of this Act.
(d) Cooperative Agreements.--The Board may enter into
cooperative agreements with the head of any department or
agency of the United States, an appropriate official of any
State or political subdivision of a State, or an appropriate
official of any private or public agency or organization for
conducting weather modification activities or cloud-seeding
operations.
(e) Conduct and Contracts for Research and Development.--
The Executive Director, with the approval of the Board, may
conduct and may contract for research and development
activities relating to the purposes of this section.
SEC. 7. COOPERATION WITH THE WEATHER MODIFICATION OPERATIONS
AND RESEARCH BOARD.
The heads of the departments and agencies of the United
States and the heads of any other public or private agencies
and institutions that receive research funds from the United
States shall, to the extent possible, give full support and
cooperation to the Board and to initiate independent research
and development programs that address weather modifications.
SEC. 8. FUNDING.
(a) In General.--There is established within the Treasury
of the United States the Weather Modification Research and
Development Fund, which shall consist of amounts appropriated
pursuant to subsection (b) or received by the Board under
subsection (c).
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Board for the purposes of carrying
out the provisions of this Act $10,000,000 for each of fiscal
years 2005 through 2014. Any sums appropriated under this
subsection shall remain available, without fiscal year
limitation, until expended.
(c) Gifts.--The Board may accept, use, and dispose of gifts
or donations of services or property.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect on October 1, 2005.
______
By Mr. SESSIONS (for himself, Mr. Durbin, Mr. Kennedy, and Mr.
Dodd):
S. 518. A bill to provide for the establishment of a controlled
substance monitoring program in each State; to the Committee on Health,
Education, Labor, and Pensions.
Mr. KENNEDY. Mr. President, it is a privilege to join Senator
Sessions, Senator Durbin and Senator Dodd in introducing the ``National
All Schedules Prescription Electronic Reporting Act.'' Our goal is to
help States establish electronic databases to monitor the use of
prescription drugs and deal more effectively with the growing national
problem of prescription drug abuse.
Over 6 million Americans currently use prescription drugs for non-
medical purposes. 31 million say they've abused such drugs at least
once in their lifetime. Since 1992, the number of young adults who
abuse prescription pain relievers and other addictive drugs has more
than tripled. Prescription drug abuse among youths 12 to 17 has soared
tenfold.
State programs to monitor addictive medications can help curb this
abuse. Currently, 20 States have such programs in place, including
Massachusetts, but they vary greatly in the collection and storage of
the data, and in the methods for using the databases.
The information contained in these databases is important, because it
can be used to identify physicians and patients who encourage the non-
medical use of prescription drugs. It can also be used to reduce the
diversion of prescription drugs for illegal use.
Our bill authorizes the Secretary of HHS to make grants to States to
establish these needed monitoring programs. For States with existing
programs, the grants can be used to improve their systems and
standardize the data collected to allow easy sharing of the information
between the States.
Any such program, however, must include strong safeguards for medical
privacy, and make certain that the database cannot be used to put
improper pressure on physicians to avoid prescribing essential drugs.
The proper treatment of pain, for example, is an enormous medical
challenge, but this essential care will be much more difficult if
patients fear that their prescription histories will not be protected,
or if physicians begin to look over their shoulder every time they
prescribe pain medication.
We all share the goal of reaching the right balance between the
interests of patients, physicians, and law enforcement, and we think
this legislation does that. It requires that in grant applications,
States must propose security standards for the electronic databases,
including appropriate encryption or other information technology.
States also must propose standards for using the database and obtaining
the information, including certifications to be sure that requests for
information are legitimate. The bill requires the Secretary to provide
a follow-up analysis of the privacy protections within two years after
enactment.
The national problem of prescription drug abuse worsens every year.
Physicians want to treat pain without contributing to addiction. Law
enforcement officials want to stop the flow of prescription drugs from
pharmacies to the streets. A national prescription drug monitoring
program will provide a valuable resource to achieve these goals. I
commend Senator Sessions for his leadership on this important health
issue, and I urge my colleagues to join us in this effort to fight
prescription drug abuse.
______
By Mrs. HUTCHISON:
S. 519. A bill to amend the Lower Rio Grande Valley Water Resources
Conservation and Improvement Act of 2000 to authorize additional
projects and activities under that Act, and for other purposes; to the
Committee on Energy and Natural Resources.
Mrs. HUTCHISON. Mr. President, I rise today to offer a bill that is
vital for water conservation in my home State of Texas. This
legislation would amend The Lower Rio Grande Valley Water Resources and
Conservation Improvement Act of 2000, which was passed with Unanimous
Consent in the 106th Congress, to authorize work needed to conserve and
enhance water supplies in the Lower Rio Grande Valley. It would do so
by improving the water infrastructure used by farmers, ranchers,
municipalities and a growing population.
Improving water conveyance infrastructure is the top priority for
enhancing water conservation in the Lower Rio Grande Valley. Currently,
unprecedented growth coupled with Mexico's past failure to comply with
the 1944 Water treaty, reinforces the dire need for water conservation.
The Lower Rio Grande Valley depends upon an adequate supply of water.
Studies show that water losses resulting from seepage, spills and
evaporation exceed 68 billion gallons of water per year, underscoring
the pressing demand for improvements which will ensure efficient
conservation of water.
By enacting this legislation, 19 additional water districts will
enhance their ability to conserve their resources. Residents in the
Lower Rio Grande Valley will not be forced to rely on canal systems
subject to seepage and evaporation. Improving irrigation systems and
updating this 100-year-old water distribution system will provide
citizens in South Texas with a sufficient supply of one of nature's
most valuable resources. Rather than waiting for the unpredictability
of Mother Nature to increase water resources through rainstorms, these
communities can rely on more effective water systems.
I look forward to working with my colleagues to pass this measure to
help the citizens of the Lower Rio Grande Valley better conserve their
water resources. I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
[[Page S2027]]
S. 519
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Rio Grande Valley
Water Resources Conservation and Improvement Act of 2005''.
SEC. 2. AUTHORIZATION OF ADDITIONAL PROJECTS AND ACTIVITIES
UNDER THE LOWER RIO GRANDE WATER CONSERVATION
AND IMPROVEMENT PROGRAM.
(a) Additional Projects.--Section 4(a) of the Lower Rio
Grande Valley Water Resources Conservation and Improvement
Act of 2000 (Public Law 106-576; 114 Stat. 3067) is amended
by adding at the end the following:
``(20) In Cameron County, Texas, Bayview Irrigation
District No. 11, water conservation and improvement projects
as identified in the March 3, 2004, engineering report by NRS
Consulting Engineers at a cost of $1,425,219.
``(21) In the Cameron County, Texas, Brownsville Irrigation
District, water conservation and improvement projects as
identified in the February 11, 2004 engineering report by NRS
Consulting Engineers at a cost of $722,100.
``(22) In the Cameron County, Texas Harlingen Irrigation
District No. 1, water conservation and improvement projects
as identified in the March, 2004, engineering report by
Axiom-Blair Engineering at a cost of $4,173,950.
``(23) In the Cameron County, Texas, Cameron County
Irrigation District No. 2, water conservation and improvement
projects as identified in the February 11, 2004 engineering
report by NRS Consulting Engineers at a cost of $8,269,576.
``(24) In the Cameron County, Texas, Cameron County
Irrigation District No. 6, water conservation and improvement
projects as identified in an engineering report by Turner
Collie Braden, Inc., at a cost of $5,607,300.
``(25) In the Cameron County, Texas, Adams Gardens
Irrigation District No. 19, water conservation and
improvement projects as identified in the March, 2004
engineering report by Axiom-Blair Engineering at a cost of
$2,500,000.
``(26) In the Hidalgo and Cameron Counties, Texas, Hidalgo
and Cameron Counties Irrigation District No. 9, water
conservation and improvement projects as identified by the
February 11 engineering report by NRS Consulting Engineers at
a cost of $8,929,152.
``(27) In the Hidalgo and Willacy Counties, Texas, Delta
Lake Irrigation District, water conservation and improvement
projects as identified in the March, 2004 engineering report
by Axiom-Blair Engineering at a cost of $8,000,000.
``(28) In the Hidalgo County, Texas, Hidalgo County
Irrigation District No. 2, a water conservation and
improvement project identified in the engineering reports
attached to a letter dated February 11, 2004, from the
district's general manager, at a cost of $5,312,475.
``(29) In the Hidalgo County, Texas, Hidalgo County
Irrigation District No. 1, water conservation and improvement
projects identified in an engineering report dated March 5,
2004 by Melden and Hunt, Inc. at a cost of $5,595,018.
``(30) In the Hidalgo County, Texas, Hidalgo County
Irrigation District No. 6, water conservation and improvement
projects as identified in the March, 2004, engineering report
by Axiom-Blair Engineering at a cost of $3,450,000.
``(31) In the Hidalgo County, Texas Santa Cruz Irrigation
District No. 15, water conservation and improvement projects
as identified in an engineering report dated March 5, 2004 by
Melden and Hunt at a cost of $4,609,000.
``(32) In the Hidalgo County, Texas, Engelman Irrigation
District, water conservation and improvement projects as
identified in an engineering report dated March 5, 2004 by
Melden and Hunt, Inc. at a cost of $2,251,480.
``(33) In the Hidalgo County, Texas, Valley Acres Water
District, water conservation and improvement projects as
identified in an engineering report dated March, 2004 by
Axiom-Blair Engineering at a cost of $500,000.
``(34) In the Hudspeth County, Texas, Hudspeth County
Conservation and Reclamation District No. 1, water
conservation and improvement projects as identified in the
March, 2004, engineering report by Axiom-Blair Engineering at
a cost of $1,500,000.
``(35) In the El Paso County, Texas, El Paso County Water
Improvement District No. 1, water conservation and
improvement projects as identified in the March, 2004,
engineering report by Axiom-Blair Engineering at a cost of
$10,500,000.
``(36) In the Hidalgo County, Texas, Donna Irrigation
District, water conservation and improvement projects
identified in an engineering report dated March 22, 2004 by
Melden and Hunt, Inc. at a cost of $2,500,000.
``(37) In the Hidalgo County, Texas, Hidalgo County
Irrigation District No. 16, water conservation and
improvement projects identified in an engineering report
dated March 22, 2004 by Melden and Hunt, Inc. at a cost of
$2,800,000.
``(38) The United Irrigation District of Hidalgo County
water conservation and improvement projects identified in a
March 2004 engineering report by Sigler Winston, Greenwood
and Associates at a cost of $6,067,021.''.
(b) Inclusion of Activities to Conserve Water or Improve
Supply; Transfers Among Projects.--Section 4 of the Lower Rio
Grande Valley Water Resources Conservation and Improvement
Act of 2000 (Public Law 106-576; 114 Stat. 3067) is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
``(c) Inclusion of Activities to Conserve Water or Improve
Supply.--In addition to the activities identified in the
engineering reports referred to in subsection (a), each
project that the Secretary conducts or participates in under
subsection (a) may include any of the following:
``(1) The replacement of irrigation canals and lateral
canals with buried pipelines.
``(2) The impervious lining of irrigation canals and
lateral canals.
``(3) Installation of water level, flow measurement, pump
control, and telemetry systems.
``(4) The renovation and replacement of pumping plants.
``(5) Other activities that will result in the conservation
of water or an improved supply of water.
``(d) Transfers Among Projects.--Of amounts made available
for a project referred to in any of paragraphs (20) through
(38) of subsection (a), the Secretary may transfer and use
for another such project up to 10 percent.''.
SEC. 3. REAUTHORIZATION OF APPROPRIATIONS FOR LOWER RIO
GRANDE CONSTRUCTION.
Section 4(e) of the Lower Rio Grande Valley Water Resources
Conservation and Improvement Act of 2000 (Public Law 106-576;
114 Stat. 3067) (as redesignated by section 2(b)) is amended
by inserting before the period the following: ``for projects
referred to in paragraphs (1) through (19) of subsection (a),
and $42,356,145 (2004 dollars) for projects referred to in
paragraphs (20) through (38) of subsection (a)''.
______
By Mrs. HUTCHISON (for herself, Mr. Kennedy, Mr. Cornyn, and Mr.
Schumer):
S. 521. A bill to amend the Public Health Service Act to direct the
Secretary of Health and Human Services to establish, promote, and
support a comprehensive prevention, research, and medical management
referral program for hepatitis C virus infection; to the Committee on
Health, Education, Labor, and Pensions.
Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the text
of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 521
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hepatitis C Epidemic Control
and Prevention Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Approximately 5,000,000 Americans are infected with the
hepatitis C virus (referred to in this section as ``HCV''),
and more than 3,000,000 Americans are chronically infected,
making HCV the Nation's most common chronic blood borne virus
infection.
(2) Nearly 2 percent of the population of the United States
have been infected with HCV.
(3) Conservative estimates indicate that approximately
30,000 Americans are newly infected with HCV each year, and
that number has been growing since 2001.
(4) HCV infection, in the United States, is the most common
cause of chronic liver disease, liver cirrhosis, and liver
cancer, the most common indication for liver transplant, and
the leading cause of death in people with HIV/AIDS. In
addition, there may be links between HCV and certain other
diseases, given that a high number of people infected with
HCV also suffer from type 2 diabetes, lymphoma, thyroid and
certain blood disorders, and autoimmune disease.
(5) The majority of individuals infected with HCV are
unaware of their infection. Individuals infected with HCV
serve as a source of transmission to others and, since few
individuals are aware they are infected, they are unlikely to
take precautions to prevent the spread or exacerbation of
their infection.
(6) There is no vaccine available to prevent HCV infection.
(7) Treatments are available that can eradicate the disease
in approximately 50 percent of those who are treated, and
behavioral changes can slow the progression of the disease.
(8) Conservative estimates place the costs of direct
medical expenses for HCV at more than $1,000,000,000 in the
United States annually, and such costs will undoubtedly
increase in the absence of expanded prevention and treatment
efforts.
(9) To combat the HCV epidemic in the United States, the
Centers for Disease Control and Prevention developed
Recommendations for Prevention and Control of Hepatitis C
Virus (HCV) Infection and HCV-Related Chronic Disease in 1998
and the National Hepatitis C Prevention Strategy in 2001, and
the National Institutes of Health convened
[[Page S2028]]
Consensus Development Conferences on the Management of
Hepatitis C in 1997 and 2002. These recommendations and
guidelines provide a framework for HCV prevention, control,
research, and medical management referral programs.
(10) The Department of Veterans Affairs (referred to in
this paragraph as the ``VA''), which cares for more people
infected with HCV than any other health care system, is the
Nation's leader in HCV screening, testing, and treatment.
Since 1998, it has been the VA's policy to screen for HCV
risk factors all veterans receiving VA health care, and the
VA currently recommends testing for all those who are found
to be ``at risk'' for the virus and for all others who wish
to be tested. In fiscal year 2004, over 98 percent of VA
patients had been screened for HCV risk factors, and over 90
percent of those ``at risk'' were tested. For all veterans
who test positive for HCV and enroll in VA medical care, the
VA offers medications that can help HCV or its complications.
The VA also has programs for HCV patient and provider
education, clinical care, data-based quality improvement, and
research, and it has 4 Hepatitis C Resource Centers to
develop and disseminate innovative practices and tools to
improve patient care. This comprehensive program should be
commended and could potentially serve as a model for future
HCV programs.
(11) Federal support is necessary to increase knowledge and
awareness of HCV and to assist State and local prevention and
control efforts.
SEC. 3. PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF
HEPATITIS C.
Title III of the Public Health Service Act (42 U.S.C. 241
et seq.) is amended by adding at the end the following:
``PART R--PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C
``SEC. 399AA. FEDERAL PLAN FOR THE PREVENTION, CONTROL, AND
MEDICAL MANAGEMENT OF HEPATITIS C.
``(a) In General.--The Secretary shall develop and
implement a plan for the prevention, control, and medical
management of the hepatitis C virus (referred to in this part
as `HCV') that includes strategies for education and
training, surveillance and early detection, and research.
``(b) Input in Development of Plan.--In developing the plan
under subsection (a), the Secretary shall--
``(1) be guided by existing recommendations of the Centers
for Disease Control and Prevention and the National
Institutes of Health; and
``(2) consult with--
``(A) the Director of the Centers for Disease Control and
Prevention;
``(B) the Director of the National Institutes of Health;
``(C) the Administrator of the Health Resources and
Services Administration;
``(D) the heads of other Federal agencies or offices
providing services to individuals with HCV infections or the
functions of which otherwise involve HCV;
``(E) medical advisory bodies that address issues related
to HCV; and
``(F) the public, including--
``(i) individuals infected with the HCV; and
``(ii) advocates concerned with issues related to HCV.
``(c) Biennial Assessment of Plan.--
``(1) In general.--The Secretary shall conduct a biennial
assessment of the plan developed under subsection (a) for the
purpose of incorporating into such plan new knowledge or
observations relating to HCV and chronic HCV (such as
knowledge and observations that may be derived from clinical,
laboratory, and epidemiological research and disease
detection, prevention, and surveillance outcomes) and
addressing gaps in the coverage or effectiveness of the plan.
``(2) Publication of notice of assessments.--Not later than
October 1 of the first even numbered year beginning after the
date of enactment of the Hepatitis C Epidemic Control and
Prevention Act, and October 1 of each even numbered year
thereafter, the Secretary shall publish in the Federal
Register a notice of the results of the assessments conducted
under paragraph (1). Such notice shall include--
``(A) a description of any revisions to the plan developed
under subsection (a) as a result of the assessment;
``(B) an explanation of the basis for any such revisions,
including the ways in which such revisions can reasonably be
expected to further promote the original goals and objectives
of the plan; and
``(C) in the case of a determination by the Secretary that
the plan does not need revision, an explanation of the basis
for such determination.
``SEC. 399BB. ELEMENTS OF THE FEDERAL PLAN FOR THE
PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF
HEPATITIS C.
``(a) Education and Training.--The Secretary, acting
through the Director of the Centers for Disease Control and
Prevention, shall implement programs to increase awareness
and enhance knowledge and understanding of HCV. Such programs
shall include--
``(1) the conduct of health education, public awareness
campaigns, and community outreach activities to promote
public awareness and knowledge about risk factors, the
transmission and prevention of infection with HCV, the value
of screening for the early detection of HCV infection, and
options available for the treatment of chronic HCV;
``(2) the training of healthcare professionals regarding
the prevention, detection, and medical management of the
hepatitis B virus (referred to in this part as `HBV') and
HCV, and the importance of vaccinating HCV-infected
individuals and those at risk for HCV infection against the
hepatitis A virus and HBV; and
``(3) the development and distribution of curricula
(including information relating to the special needs of
individuals infected with HBV or HCV, such as the importance
of early intervention and treatment and the recognition of
psychosocial needs) for individuals providing hepatitis
counseling, as well as support for the implementation of such
curricula by State and local public health agencies.
``(b) Early Detection and Surveillance.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall support activities described in paragraph (2) to
promote the early detection of HCV infection, identify risk
factors for infection, and conduct surveillance of HCV
infection trends.
``(2) Activities.--
``(A) Voluntary testing programs.--
``(i) In general.--The Secretary shall support and promote
the development of State, local, and tribal voluntary HCV
testing programs to aid in the early identification of
infected individuals.
``(ii) Confidentiality of test results.--The results of a
HCV test conducted by a testing program developed or
supported under this subparagraph shall be considered
protected health information (in a manner consistent with
regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42
U.S.C. 1320d-2 note)) and may not be used for any of the
following:
``(I) Issues relating to health insurance.
``(II) To screen or determine suitability for employment.
``(III) To discharge a person from employment.
``(B) Counseling regarding viral hepatitis.--The Secretary
shall support State, local, and tribal programs in a wide
variety of settings, including those providing primary and
specialty healthcare services in nonprofit private and public
sectors, to--
``(i) provide individuals with information about ongoing
risk factors for HCV infection with client-centered education
and counseling that concentrates on changing behaviors that
place them at risk for infection; and
``(ii) provide individuals infected with HCV with education
and counseling to reduce the risk of harm to themselves and
transmission of the virus to others.
``(C) Vaccination against viral hepatitis.--With respect to
individuals infected, or at risk for infection, with HCV, the
Secretary shall provide for--
``(i) the vaccination of such individuals against hepatitis
A virus, HBV, and other infectious diseases, as appropriate,
for which such individuals may be at increased risk; and
``(ii) the counseling of such individuals regarding
hepatitis A, HBV, and other viral hepatides.
``(D) Medical referral.--The Secretary shall support--
``(i) referral of persons infected with or at risk for HCV,
for drug or alcohol abuse treatment where appropriate; and
``(ii) referral of persons infected with HCV--
``(I) for medical evaluation to determine their stage of
chronic HCV and suitability for antiviral treatment; and
``(II) for ongoing medical management of HCV.
``(3) Hepatitis c coordinators.--The Secretary, acting
through the Director of the Centers for Disease Control and
Prevention, shall, upon request, provide a Hepatitis C
Coordinator to a State health department in order to enhance
the management, networking, and technical expertise needed to
ensure successful integration of HCV prevention and control
activities into existing public health programs.
``(c) Surveillance and Epidemiology.--
``(1) In general.--The Secretary shall promote and support
the establishment and maintenance of State HCV surveillance
databases, in order to--
``(A) identify risk factors for HCV infection;
``(B) identify trends in the incidence of acute and chronic
HCV;
``(C) identify trends in the prevalence of HCV infection
among groups that may be disproportionately affected by HCV,
including individuals living with HIV, military veterans,
emergency first responders, racial or ethnic minorities, and
individuals who engage in high risk behaviors, such as
intravenous drug use; and
``(D) assess and improve HCV infection prevention programs.
``(2) Seroprevalence studies.--The Secretary shall conduct
a population-based seroprevalence study to estimate the
current and future impact of HCV. Such studies shall consider
the economic and clinical impacts of HCV, as well as the
impact of HCV on quality of life.
``(3) Confidentiality.--Information contained in the
databases under paragraph (1) or derived through studies
under paragraph (2) shall be de-identified in a manner
consistent with regulations under section 264(c) of the
Health Insurance Portability and Accountability Act of 1996.
[[Page S2029]]
``(d) Research Network.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention
and the Director of the National Institutes of Health,
shall--
``(1) conduct epidemiologic research to identify best
practices for HCV prevention;
``(2) establish and support a Hepatitis C Clinical Research
Network for the purpose of conducting research related to the
treatment and medical management of HCV; and
``(3) conduct basic research to identify new approaches to
prevention (such as vaccines) and treatment for HCV.
``(e) Referral for Medical Management of Chronic HCV.--The
Secretary shall support and promote State, local, and tribal
programs to provide HCV-positive individuals with referral
for medical evaluation and management, including currently
recommended antiviral therapy when appropriate.
``(f) Underserved and Disproportionately Affected
Populations.--In carrying out this section, the Secretary
shall provide expanded support for individuals with limited
access to health education, testing, and healthcare services
and groups that may be disproportionately affected by HCV.
``(g) Study and Report Regarding VA Program and Federal
Plan.--
``(1) Study.--The Secretary shall conduct a study to
examine the comprehensive HCV programs that have been
implemented by the Department of Veterans Affairs (referred
to in this subsection as the `VA'), including the Hepatitis C
Resource Center program, to determine whether any of these
programs, or components of these programs, should be part of
the Federal plan to combat HCV.
``(2) Report.--Not later than 12 months after date of
enactment of the Hepatitis C Epidemic Control and Prevention
Act, the Secretary shall submit to Congress a report that
describes the results of the study required under paragraph
(1).
``(3) Consideration of report.--The Secretary shall take
into consideration the content of the report required under
paragraph (2) in conducting the biennial assessment required
under section 399AA(c).
``(h) Evaluation of Program.--The Secretary shall develop
benchmarks for evaluating the effectiveness of the programs
and activities conducted under this section and make
determinations as to whether such benchmarks have been
achieved.
``SEC. 399CC. GRANTS.
``(a) In General.--The Secretary may award grants to, or
enter into contracts or cooperative agreements with, States,
political subdivisions of States, Indian tribes, or nonprofit
entities that have special expertise relating to HCV, to
carry out activities under this part.
``(b) Application.--To be eligible for a grant, contract,
or cooperative agreement under subsection (a), an entity
shall prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``SEC. 399DD. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $90,000,000 for fiscal year 2006, and such sums as may
be necessary for each of fiscal years 2007 through 2010.''.
SEC. 4. LIVER DISEASE RESEARCH ADVISORY BOARD.
Part B of title IV of the Public Health Service Act (42
U.S.C. 284 et seq.) is amended by adding at the end the
following:
``SEC. 409J. LIVER DISEASE RESEARCH ADVISORY BOARD.
``(a) Establishment.--Not later than 90 days after the date
of enactment of the Hepatitis C Epidemic Control and
Prevention Act, the Director of the National Institutes of
Health shall establish a board to be known as the Liver
Disease Research Advisory Board (referred to in this section
as the `Advisory Board').
``(b) Duties.--The Advisory Board shall advise and assist
the Director of the National Institutes of Health concerning
matters relating to liver disease research, including by
developing and revising the Liver Disease Research Action
Plan.
``(c) Voting Members.--The Advisory Board shall be composed
of 18 voting members to be appointed by the Director of the
National Institutes of Health, in consultation with the
Director of the National Institute of Diabetes and Digestive
and Kidney Diseases (referred to in this subsection as the
`NIDDK'), of whom 12 such individuals shall be eminent
scientists and 6 such individuals shall be lay persons. The
Director of the National Institutes of Health, in
consultation with the Director of the NIDDK, shall select 1
of the members to serve as the Chair of the Advisory Board.
``(d) Ex Officio Members.--The Director of the National
Institutes of Health shall appoint each director of a
national research institute that funds liver disease research
to serve as a nonvoting, ex officio member of the Advisory
Board. The Director of the National Institutes of Health
shall invite 1 representative of the Centers for Disease
Control and Prevention, 1 representative of the Food and Drug
Administration, and 1 representative of the Department of
Veterans Affairs to serve as such a member. Each ex officio
member of the Advisory Board may appoint an individual to
serve as that member's representative on the Advisory Board.
``(e) Liver Disease Research Action Plan.--
``(1) Development.--Not later than 15 months after the date
of enactment of the Hepatitis C Epidemic Control and
Prevention Act, the Advisory Board shall develop (with
appropriate support from the Director) a comprehensive plan
for the conduct and support of liver disease research to be
known as the Liver Disease Research Action Plan. The Advisory
Board shall submit the Plan to the Director of National
Institutes of Health and the head of each institute or center
within the National Institutes of Health that funds liver
disease research.
``(2) Content.--The Liver Disease Research Action Plan
shall identify scientific opportunities and priorities for
liver disease research necessary to increase understanding of
and to prevent, cure, and develop better treatment protocols
for liver diseases.
``(3) Revision.--The Advisory Board shall revise every 2
years the Liver Disease Research Action Plan, but shall meet
annually to review progress and to amend the Plan as may be
appropriate because of new scientific discoveries.''.
Mr. KENNEDY. Mr. President, it is a privilege to join Senators
Hutchinson, Schumer, and Cornyn in introducing the Hepatitis C Epidemic
Control and Prevention Act. Our goal is to provide for the prevention,
control, and treatment of Hepatitis C viral infection through
education, surveillance, early detection, and research.
Hepatitis C is the most common, chronic, blood-borne infection in the
United States. An estimated 5 million Americans are now infected with
the Hepatitis C virus, and 30,000 more are infected every year. The
rate of infection continues to rise--between 1990 and 2015, the Centers
for Disease Control and Prevention project a 4-fold increase in the
number of persons with chronic infection of the virus.
Persons infected with the Hepatitis C virus come from all walks of
life, but those at greatest risk include health workers, emergency
service personnel, and drug users. Tragically, the majority of infected
individuals are unaware of their infection, are not receiving
treatment, and are sources of transmission of the virus to others.
Infection with the Hepatitis C virus has serious health effects. It
can cause liver disease, including cirrhosis and liver cancer, and is
the leading indicator for liver transplants. The illnesses are often
life-threatening--up to 10,000 Americans die yearly from Hepatitis C
complications, and it is the 7th leading cause of death for men between
the ages of 25 and 64. In addition to the human costs, the disease has
massive financial implications. Direct costs associated with care are
expected to exceed $1 billion a year by 2010. Without intervention, the
epidemic is projected to result in costs of over $54 billion by the
year 2019.
Greater Federal investment will have a critical role in reversing
this silent epidemic. Our Hepatitis C bill will increase public
awareness of the dangers of Hepatitis C, and make testing widely
available. For those already infected, it will provide counseling,
referrals, and vaccination against Hepatitis A and B and other
infectious diseases. It will also support research to develop a vaccine
against Hepatitis C, just as we now have for Hepatitis A and B. It will
create a multiagency Liver Disease Research Advisory Board and mandate
a study of programs used by the Veteran's Administration, in order to
provide important lessons and models of care for the nation. The
Centers for Disease Control and Prevention will increase surveillance
activities, and provide Hepatitis C coordinators to provide technical
assistance and training to state public health agencies.
This bill will have a major impact on the lives of millions of
Americans who are infected by Hepatitis C, and the families and loved
ones who care for them. I look forward to working closely with my
colleagues to act quickly to pass this needed legislation. I especially
commend the impressive work of the students at Robinson Secondary
School in Fairfax, VA, for their continuing dedication to informing
Members of Congress about this important issue and bringing national
attention to it.
______
By Mr. SALAZAR:
S. 523. A bill to amend title 10, United States Code, to rename the
death gratuity payable for deaths of members of the Armed Forces as
fallen hero compensation, and for other purposes; to the Committee on
Armed Services.
Mr. SALAZAR. Mr. President, I rise to introduce a simple piece of
legislation. The idea underlying this bill is
[[Page S2030]]
simple: words matter. How we characterize what we do sends a message,
and nowhere is that more clear than in the question of survivor
benefits for survivors of military fatalities.
The Senate this year is considering major increases in survivor
benefits for military families. That is as it should be, and I am proud
to support two specific proposals to increase that assistance.
We have an historic opportunity to raise both the direct DoD
assistance and the life insurance payouts to families from $12,420 to
$100,000 and to provide an extra $150,000 in life insurance payouts.
We also have an opportunity to allow full concurrent receipt of the
DoD's Survivor Benefit Plan and the VA's Dependency & Indemnity
Compensation.
We also have the opportunity to improve the help that military
survivors get in navigating the bureaucracies of the VA and the DoD to
get the benefits they deserve.
And finally we have the opportunity to protect military families from
predatory life insurance companies. All of these reforms are needed,
and all are within our reach this year.
As I studied this issue, I was struck by the term ``Death Gratuity.''
That is the name for the assistance that taxpayers make available to
military survivors. The term gratuity means gift.
I believe that not one of the widows, widowers, or children left
behind think of that money as a gift. These families and these heroes
are the ones who have given the gift to us. They are the ones who have
given the ultimate sacrifice.
I know that the name of the assistance is not as important as the
assistance itself, but I am sure that hearing the term ``gratuity'' is
a bitter pill for survivors who have just received the worst news of
their lives.
I for one refuse the term ``Death Gratuity,'' and I am introducing
legislation today to change it to ``Fallen Hero Compensation.''
This is a simple change, but it more properly reflects the sacrifices
military survivors have made and more properly expresses the gratitude
and dignity we owe these families.
I ask unanimous consent that the text of this legislation be printed
in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 523
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. RENAMING OF DEATH GRATUITY PAYABLE FOR DEATHS OF
MEMBERS OF THE ARMED FORCES AS FALLEN HERO
COMPENSATION.
(a) In General.--Subchapter II of chapter 75 of title 10,
United States Code, is amended as follows:
(1) In section 1475(a), by striking ``have a death gratuity
paid'' and inserting ``have fallen hero compensation paid''.
(2) In section 1476(a)--
(A) in paragraph (1), by striking ``a death gratuity'' and
inserting ``fallen hero compensation''; and
(B) in paragraph (2), by striking ``A death gratuity'' and
inserting ``Fallen hero compensation''.
(3) In section 1477(a), by striking ``A death gratuity''
and inserting ``Fallen hero compensation''.
(4) In section 1478(a), by striking ``The death gratuity''
and inserting ``The amount of fallen hero compensation''.
(5) In section 1479(1), by striking ``the death gratuity''
and inserting ``fallen hero compensation''.
(6) In section 1489--
(A) in subsection (a), by striking ``a gratuity'' in the
matter preceding paragraph (1) and inserting ``fallen hero
compensation''; and
(B) in subsection (b)(2), by inserting ``or other
assistance'' after ``lesser death gratuity''.
(b) Clerical Amendments.--(1) Such subchapter is further
amended by striking ``Death gratuity:'' each place it appears
in the heading of sections 1475 through 1480 and 1489 and
inserting ``Fallen hero compensation:''.
(2) The table of sections at the beginning of such
subchapter is amended by striking ``Death gratuity:'' in the
items relating to sections 1474 through 1480 and 1489 and
inserting ``Fallen hero compensation:''.
(c) General References.--Any reference to a death gratuity
payable under subchapter II of chapter 75 of title 10, United
States Code, in any law, regulation, document, paper, or
other record of the United States shall be deemed to be a
reference to fallen hero compensation payable under such
subchapter, as amended by this section.
______
By Mrs. FEINSTEIN (for herself and Mr. Sessions):
S. 524. A bill to strengthen the consequences of the fraudulent use
of United States or foreign passports and other immigration documents;
to the Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, Senator Sessions and I are introducing
legislation to combat the use of fraudulent immigration documents,
particularly passports and other travel documents.
The need to prevent and prosecute passport and travel document fraud
is clear, and this bill would increase penalties for the use of
fraudulent travel documents.
We know that the threat of terrorism against the United States is
real and as the 9/11 Commission Report states, ``for terrorists, travel
documents are as important as weapons.'' In order to minimize the
threat of terrorism to the United States, we must make every effort to
limit the use of fraudulent immigration documents.
The bill Senator Sessions and I are introducing would make the use of
fraudulent travel documents--such as passports, Border Crossing Cards,
Canadian driver's licenses or identification cards, transportation
letters for parolees, military identification cards or green cards--an
aggravated felony which will mandate detention and increase the
likelihood of prosecution.
Today, this is not the case. Instead, fraudulent documents are
routinely returned to the offender and individuals are allowed to
return home without suffering any consequences from their attempts to
circumvent our immigration laws.
Why is this a problem?
Firstly, admission to the United States is a privilege and not a
right. We should not tolerate fraud and deception at our ports of
entry, particularly because it should be apparent that a terrorist
organization as sophisticated as Al Qaeda is well aware of our current
procedures and can be expected to take full advantage of them.
Secondly, the 9/11 Commission found that as many as 15 of the 19
hijackers on September 11, 2001 could have been intercepted by border
officials, based in part on their travel documents. In fact, all but
one of the September 11 hijackers acquired some form of U.S.
identification document and some of those documents were acquired by
fraud. All of the hijackers opened bank accounts in their names and
used passports and other identification documents that appeared valid
on their face.
Even before September 11, 2001, the use of fraudulent immigration
documents to enter the United States was a threat that we did not
sufficiently heed.
Let me give you some known examples of terrorists who have entered,
or attempted to enter the United States, with fraudulent travel
documents: Ahmed Ajaj and Ramzi Yousef attempted to enter the United
States with fraudulent passports. Both were later implicated or
convicted in the first World Trade Center bombing in February of 1993.
Ahmed Ressam used a fraudulently obtained Canadian passport, and, in
1999 attempted to cross the border from Canada at Port Angeles in
Washington State. A border inspector felt Mr. Ressam looked nervous,
and a search of his car turned up a trunk full of bombs. There is some
debate about the exact target(s) of the attack; however, it seems
likely that Los Angeles International Airport and perhaps the
millennium celebrations in Seattle were the intended targets.
It is no secret that: as the 9/11 Commission Report makes clear, Al
Qaeda has established a complex international travel network that
allowed, and presumably still allows, its operatives to legally travel
worldwide to train, conduct reconnaissance or otherwise prepare for an
attack. This network included, and presumably still includes, the use
of altered and counterfeit passports and visas.
Many countries, including France, Portugal and Saudi Arabia, have
reported tens of thousands of passports and travel documents stolen.
When these are stolen in large numbers, they are sold on the black
market to others.
The 9/11 Commission found that had the immigration system set a
higher bar for determining whether individuals are who they claim to
be--and ensured consequences for any violations--it could potentially
have denied entry, deported or come into further contact with the
terrorists that were involved in the September 11, 2001 attack on the
United States.
[[Page S2031]]
Last year, the Department of Homeland Security Office of the
Inspector General issued the following reports on lost and stolen
passports: ``A Review of the Use of Stolen passports from Visa Waiver
Countries to Enter the United States'', December 2004; and, ``An
Evaluation of the Security Implications of the Visa Waiver Program''
(April 2004).
I encourage my colleagues to read these reports on the
vulnerabilities in our current border security. To summarize, the
reports state that: In the United States alone, immigration officials
have records for 1.2 million stolen passports.
Aliens applying for admission into the United States using stolen
passports have little reason to fear being caught and are usually
admitted. It has been standard practice to simply return a fraudulent
passport to an individual seeking entry and let them return to their
country. This, in effect, is the soft underbelly of the entire passport
system.
The Director of the U.S. National Central Bureau of INTERPOL said
that for 55 of the 181 INTERPOL countries, there probably were over 10
million lost and stolen passports that might be in circulation.
Law enforcement officials state that lost and stolen passports are
the greatest security problem associated with the Visa Waiver Program.
And now that I've mentioned the Visa Waiver Program, let me say a few
things about this program.
I believe the Visa Waiver Program is the Achilles heel in our
immigration system. This program allows roughly 13 million individuals
to enter the United States each year from 27 countries, without a
visa--meaning they enter without a thorough background and security
check.
Since we do not have in place a fully operational entry and exit
program, specifically an exit system, we have no real way of knowing if
millions of travelers who entered the United States have left as
required.
Last year, Congress extended the deadline for one year for countries
participating in the Visa Waiver Program to include biometric
indicators in passports to verify the identity of bearers at the
request of the Administration.
It is likely this deadline will again need to be extended.
I believe that granting another extension will be another opportunity
for terrorists, organized crime rings, petty crooks, counterfeiters and
forgers to continue entering the United States virtually unnoticed
because we won't be able to confirm that they are who they say they
are.
The bottom line is that we must crack down on document fraud if we
are to protect our borders. There are thousands, even millions, of
lost, stolen and fraudulent international passports, travel documents,
driver's licenses and other identity documents in circulation, and we
must now allow those to compromise our homeland security.
The purpose of this bill is twofold: first, to give the Department of
Justice the incentive to vigorously prosecute all cases involving
passport and travel document fraud, as well as certain other egregious
cases of immigration document fraud.
Second, by encouraging policies that make these cases a priority for
prosecution, it will require that Department of Homeland Security
officials not return fraudulent documents to travelers, but instead
turn them over to the Department of Justice so that they can institute
criminal proceedings.
Unfortunately, the prosecution of immigration document fraud is not a
high priority for the Department of Justice, because, although current
penalties allow for a sentence of up to 25 years, typically most
alien's convicted of travel document fraud serve less than one year in
prison.
Also, the immigration consequences of document fraud are relatively
minor. Low sentences, coupled with minimal immigration consequences, do
not provide much incentive for U.S. Attorneys nationwide to consider
the prosecution of immigration document cases a priority nor can they
be seen as anything but a slap on the wrists of the offenders.
Senator Sessions and I pose a solution to this problem by toughening
penalties so that we instill in those seeking to use fraudulent travel
and immigration documents a real sense of fear that they will be caught
and prosecuted to the fullest extent possible under our laws.
In any kind of meaningful border protection plan, one must have a
good sense of who is entering and exiting the country. That simply
cannot be known if the individual is using a fraudulent document.
Mr. President, I ask my colleagues to join me in supporting this
legislation.
I also ask by unanimous consent that the text of this bill be printed
in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 524
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FRAUDULENT USE OF PASSPORTS.
(a) Criminal Code.--
(1) Secretary of homeland security.--Section 1546 of title
18, United States Code, is amended by striking ``the
Commissioner of the Immigration and Naturalization Service''
each place it appears and inserting ``the Secretary of
Homeland Security''.
(2) Definition of passport.--Chapter 75 of title 18, United
States Code, is amended by adding at the end the following:
``Sec. 1548. Definition
``In sections 1543 and 1544, the term `passport' means any
passport issued by the United States or any foreign
country.''.
(3) Clerical amendment.--The table of sections for chapter
75 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 1548. Definition.''.
(b) Immigration and Nationality Act.--Section 101(a)(43)(P)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)(P)) is amended to read as follows:
``(P) except for a first offense for which an alien
affirmatively shows was committed solely for the purpose of
assisting, abetting, or aiding only the alien's spouse,
child, or parent to violate a provision of this Act--
``(i) an offense described in section 1542, 1543, or 1544
of title 18, United States Code (relating to false statements
in the application, forgery, or misuse of a passport);
``(ii) an offense described in section 1546(a) of title 18,
United States Code, relating to document fraud used as
evidence of authorized stay or employment in the United
States for which the term of imprisonment is at least 12
months; or
``(iii) any other offense described in section 1546(a) of
title 18, United States Code, relating to entry into the
United States, regardless of the term of imprisonment
imposed.''.
SEC. 2. RELEASE AND DETENTION PRIOR TO DISPOSITION.
Section 3142(f)(1) of title 18, United States Code, is
amended--
(1) in subparagraph (C), by striking ``or'' after the
semicolon; and
(2) by adding at the end the following:
``(E) an offense under section 1542, 1543, 1544, or 1546(a)
of this title; or''.
______
By Mr. ALEXANDER (for himself, Mr. Dodd, Mr. Enzi, Mr. Kennedy,
Mr. Hatch, and Mr. Roberts):
S. 525. A bill to amend the Child Care and Development Block Grant
Act of 1990 to reauthorize the Act, to improve early learning
opportunities and promote school preparedness, and for other purposes;
to the Committee on Health, Education, Labor, and Pensions.
Mr. ALEXANDER. Mr. President, today I am here with Senator Dodd and
on behalf of Senator Enzi and Senator Kennedy to introduce the Caring
for Children Act of 2005 which reauthorizes the Child Care and
Development Block Grant, CCDBG, program. This program provides funding
to States for child care vouchers.
Across the United States last year low-income parents of 2.3 million
children were able to use these certificates or ``vouchers'' to help
pay the cost of child care while the parents worked or continued their
education so they could get a better job.
Last year, my home State of Tennessee spent $251,760,528 for child
care, much of which came through the CCDBG program. This important
program legislates how States are to administer child care. States
provide certificates to parents to choose the type of care that best
fits their children's needs.
In Tennessee, 1 percent of children receive care in their own home,
19 percent have chosen to place their children in family home care, 5
percent are in group care while the vast majority, 75 percent, are in
child care centers. About 24,500 Tennessee families with children are
enrolled in some form of subsidized child care, and as of January of
this year, 46,591 children were receiving subsidized child care in my
home State.
[[Page S2032]]
A family of four, which is a typical size for eligible families in
Tennessee, is eligible for child care support when their median income
is no more than 60 percent of the State's median income. That means
that families making $33,000 or less are eligible for some assistance,
though they may also have to make a co-payment. For example, a family
of four making $32,000 would be required to pay $56 per week for the
first child and $42 per week for the second child.
This year we are making the CCDBG program even better with four key
improvements.
First, the act increases the quality set-aside from 4 percent,
current law, to 6 percent. Eighty percent of parents report that their
child care is poor to mediocre, so we need to take steps to improve
overall quality of care. The quality set-aside is used to offer
training and professional development to child care workers. States can
also use quality funds to provide technical assistance to child care
facilities to help them enhance learning opportunities for pre-school
or school-aged children while in care. Of course, States could choose
to do even more, and I am happy to report that my own State of
Tennessee spends at least 12 percent on quality improvements.
Second, the act requires States to use at least 70 percent of funds
for direct services. This will ensure that more of the money gets into
the hands of parents rather than State bureaucracies. Under current
law, States vary greatly in what percentage they use for direct
services since current language simply specifies that a ``significant''
portion be used for services.
Third, the legislation emphasizes the importance of school
preparedness by adding a new goal: development of pre-reading,
prenumeracy, math and language skills for children in care. Research
has proven that a child's brain doubles in size between birth and age
3. These are formative years for both physical and cognitive
development.
Fourth, the bill establishes a temporary small business competitive
grant program to encourage small businesses to work together to provide
child care services for employees. Senator Roberts developed this
innovative $30 million grant program, and I am glad it could be
included in the bill.
The CCDBG program is important for supporting parents raising
children across the country. One such parent is Tameka Payton. Tameka
was nineth grade when she had her first child, Javonta. When she became
pregnant, Tameka was a ward of the State. She had grown up with an
abusive mother who was addicted to drugs. After being removed from the
care of her mother, she was placed in the care of her aunt who also
proved abusive. Tameka ran away, and was placed in the foster care
system until she was 18. She then had two more children, Jayla and
Michael, before finding a family resource center at the Salvation Army
that connected her and her children to Tennessee's Family First
program.
The Family First program and the child care certificates she receives
through this program enabled Tameka to find work and become a better
mother. She is currently working 40 hours a week while working on her
GED. She is about to take the test. Everyday she brings her children 4,
2, and 1 to the McNeilly Center. Tameka feels confident that not only
are her children receiving quality care but also she is learning how to
be a better mother. Her children's teachers are receptive and answer
all of her questions. She has learned to spend time reading to her
children so she can contribute to their education, too.
The Federal CCDBG program funds the child care certificates Tameka
receives. Without them, Tameka, and her children, would be in a very
different place today.
Tameka's dream is to get her GED and attend Tennessee State
University. The support she receives has given her the chance to
realize that dream, and make a better life for herself and her
children. I expect her hard work to payoff.
Another Tennessee parent who has benefited from the program is Renee
Prigmore. Renee is currently a toddler teacher at the McNeilly Center
in Nashville. But she first found McNeilly as a parent, not as a
teacher. As a single parent of three, she used her child care
certificates at McNeilly to leave her kids in quality care while she
attended community college.
Renee has attained her degree as a Child Development Associate, CDA.
Her children are now 10, 6, and 4 and she is exiting out of the child
care program because she is able to provide for her three kids. The
child care certificates she received enabled her to take the time to
receive that degree and provide for her family.
People like Tameka Payton and Renee Prigmore have used the CCDBG
program to build a new and better life for their families. With the
introduction of the Caring for Children Act, we can make that program
even stronger, so that parents raising children are able to build a
better future for their families. I ask my colleagues to join with me
in this important endeavor.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 525
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Caring for
Children Act of 2005''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990
Sec. 101. Short title and goals.
Sec. 102. Authorization of appropriations.
Sec. 103. Lead agency.
Sec. 104. State plan.
Sec. 105. Activities to improve the quality of child care.
Sec. 106. Optional priority use of additional funds.
Sec. 107. Reporting requirements.
Sec. 108. National activities.
Sec. 109. Allocation of funds for Indian tribes, quality improvement,
and a hotline.
Sec. 110. Definitions.
Sec. 111. Rules of construction.
TITLE II--ENHANCING SECURITY AT CHILD CARE CENTERS IN FEDERAL
FACILITIES
Sec. 201. Definitions.
Sec. 202. Enhancing security.
TITLE III--REMOVAL OF BARRIERS TO INCREASING THE SUPPLY OF QUALITY
CHILD CARE
Sec. 301. Small business child care grant program.
TITLE I--CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990
SEC. 101. SHORT TITLE AND GOALS.
(a) Heading.--Section 658A of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9801 note) is
amended by striking the section heading and inserting the
following:
``SEC. 658A. SHORT TITLE AND GOALS.''.
(b) Goals.--Section 658A(b) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9801 note) is
amended--
(1) in paragraph (3), by striking ``encourage'' and
inserting ``assist'';
(2) in paragraph (4), by striking ``parents'' and all that
follows and inserting ``low-income working parents;'';
(3) by redesignating paragraph (5) as paragraph (8); and
(4) by inserting after paragraph (4) the following:
``(5) to assist States in improving the quality of child
care available to families;
``(6) to promote school preparedness by encouraging
children, families, and caregivers to engage in
developmentally appropriate and age-appropriate activities in
child care settings that will--
``(A) improve the children's social, emotional, and
behavioral skills; and
``(B) foster their early cognitive, pre-reading, and
language development, and prenumeracy and mathematics skills;
``(7) to promote parental and family involvement in the
education of young children in child care settings; and''.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
Section 658B of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858) is amended by striking
``subchapter'' and all that follows and inserting
``subchapter $2,300,000,000 for fiscal year 2006,
$2,500,000,000 for fiscal year 2007, $2,700,000,000 for
fiscal year 2008, $2,900,000,000 for fiscal year 2009, and
$3,100,000,000 for fiscal year 2010.''.
SEC. 103. LEAD AGENCY.
Section 658D(a) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858b(a)) is amended by striking
``designate'' and all that follows and inserting ``designate
an agency (which may be an appropriate collaborative agency),
or establish a joint interagency office, that complies with
the requirements of subsection (b) to serve as the lead
agency for the State under this subchapter.''.
SEC. 104. STATE PLAN.
(a) Lead Agency.--Section 658E(c)(1) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(1))
is amended
[[Page S2033]]
by striking ``designated'' and inserting ``designated or
established''.
(b) Policies and Procedures.--Section 658E(c)(2) of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(2)) is amended--
(1) in subparagraph (A)(i)(II), by striking ``section
658P(2)'' and inserting ``section 658T(2)'';
(2) by striking subparagraph (D) and inserting the
following:
``(D) Consumer and child care provider education
information.--Certify that the State will--
``(i) collect and disseminate, through resource and
referral services and other means as determined by the State,
to parents of eligible children, child care providers, and
the general public, information regarding--
``(I) the promotion of informed child care choices,
including information about the quality and availability of
child care services;
``(II) research and best practices concerning children's
development, including early cognitive development;
``(III) the availability of assistance to obtain child care
services; and
``(IV) other programs for which families that receive child
care services for which financial assistance is provided
under this subchapter may be eligible, including the food
stamp program established under the Food Stamp Act of 1977 (7
U.S.C. 2011 et seq.), the special supplemental nutrition
program for women, infants, and children established by
section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786), the child and adult care food program established
under section 17 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766), and the medicaid and State
children's health insurance programs under titles XIX and XXI
of the Social Security Act (42 U.S.C. 1396 et seq. and 1397aa
et seq.); and
``(ii) report to the Secretary the manner in which the
consumer education information described in clause (i) was
provided to parents and the number of parents to whom such
consumer education information was provided, during the
period of the previous State plan.'';
(3) by striking subparagraph (E) and inserting the
following:
``(E) Compliance with state and tribal licensing
requirements.--
``(i) In general.--Certify that the State (or the Indian
tribe or tribal organization) involved has in effect
licensing requirements applicable to child care services
provided within the State (or area served by the tribe or
organization), and provide a detailed description of such
requirements and of how such requirements are effectively
enforced.
``(ii) Construction.--Nothing in clause (i) shall be
construed to require that licensing requirements be applied
to specific types of providers of child care services.'';
(4) in subparagraph (F)--
(A) in the first sentence, by striking ``within the State,
under State or local law,'' and inserting ``within the State
(or area served by the Indian tribe or tribal organization),
under State or local law (or tribal law),''; and
(B) in the second sentence, by striking ``State or local
law'' and inserting ``State or local law (or tribal law)'';
and
(5) by adding at the end the following:
``(I) Protection for working parents.--
``(i) Redetermination process.--Describe the procedures and
policies that are in place to ensure that working parents
(especially parents in families receiving assistance under a
State program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.)) are not required to
unduly disrupt their employment in order to comply with the
State's requirements for redetermination of eligibility for
assistance under this subchapter.
``(ii) Minimum period.--Demonstrate that each child that
receives assistance under this subchapter in the State will
receive such assistance for not less than 6 months before the
State redetermines the eligibility of the child under this
subchapter, except as provided in clause (iii).
``(iii) Period before termination.--At the option of the
State, demonstrate that the State will not terminate
assistance under this subchapter based on a parent's loss of
work or cessation of attendance at a job training or
educational program for which the family was receiving the
assistance, without continuing the assistance for a
reasonable period of time, of not less than 1 month, after
such loss or cessation in order for the parent to engage in a
job search and resume work, or resume attendance of a job
training or educational program, as soon as possible.
``(J) Coordination with other programs.--Describe how the
State, in order to expand accessibility and continuity of
quality early care and early education, will coordinate the
early childhood education activities assisted under this
subchapter with--
``(i) programs carried out under the Head Start Act (42
U.S.C. 9831 et seq.), including the Early Head Start programs
carried out under section 645A of that Act (42 U.S.C. 9840a);
``(ii)(I) Early Reading First and Even Start programs
carried out under subparts 2 and 3 of part B of title I of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6371 et seq., 6381 et seq.);
``(II) other preschool programs carried out under title I
of that Act (20 U.S.C. 6301 et seq.); and
``(III) the Ready-to-Learn Television program carried out
under subpart 3 of part D of title II of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6775 et seq.);
``(iii) programs carried out under section 619 and part C
of the Individuals with Disabilities Education Act;
``(iv) State prekindergarten programs; and
``(v) other early childhood education programs.
``(K) Training in early learning and childhood
development.--Describe any training requirements that are in
effect within the State that are designed to enable child
care providers to promote the social, emotional, physical,
and cognitive development of children and that are applicable
to child care providers that provide services for which
assistance is made available under this subchapter in the
State.
``(L) Public-private partnerships.--Demonstrate how the
State is encouraging partnerships among State agencies, other
public agencies, and private entities, to leverage existing
service delivery systems (as of the date of submission of the
State plan) for early childhood education and to increase the
supply and quality of child care services for children who
are less than 13 years of age.
``(M) Access to care for certain populations.--Demonstrate
how the State is addressing the child care needs of parents
eligible for child care services for which assistance is
provided under this subchapter, who have children with
special needs, work nontraditional hours, or require child
care services for infants and toddlers.
``(N) Coordination with title iv of the social security
act.--Describe how the State will inform parents receiving
assistance under a State program funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.) and
low-income parents about eligibility for assistance under
this subchapter.''.
(c) Use of Block Grant Funds.--Section 658E(c)(3) the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(3)) is amended--
(1) in subparagraph (A), by striking ``as required under''
and inserting ``in accordance with''; and
(2) in subparagraph (B)--
(A) by striking ``The State'' and inserting the following:
``(i) In general.--The State'';
(B) in clause (i) (as designated in subparagraph (A)), by
striking ``appropriate to realize any of the goals specified
in paragraphs (2) through (5) of section 658A(b)'' and
inserting ``appropriate (which may include an activity
described in clause (ii)) to realize any of the goals
specified in paragraphs (2) through (8) of section 658A(b)'';
and
(C) by adding at the end the following:
``(ii) Child care resource and referral system.--A State
may use amounts described in clause (i) to establish or
support a system of local child care resource and referral
organizations coordinated, to the extent determined
appropriate by the State, by a statewide private, nonprofit,
community-based lead child care resource and referral
organization. The local child care resource and referral
organizations shall--
``(I) provide parents in the State with information, and
consumer education, concerning the full range of child care
options, including child care provided during nontraditional
hours and through emergency child care centers, in their
communities;
``(II) collect and analyze data on the supply of and demand
for child care in political subdivisions within the State;
``(III) submit reports to the State containing data and
analysis described in clause (II); and
``(IV) work to establish partnerships with public agencies
and private entities to increase the supply and quality of
child care services.''.
(d) Direct Services.--Section 658E(c)(3) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(3)) is amended--
(1) in subparagraph (A), by striking ``(D)'' and inserting
``(E)''; and
(2) by adding at the end the following:
``(E) Direct services.--From amounts provided to a State
for a fiscal year to carry out this subchapter, the State
shall--
``(i) reserve the minimum amount required to be reserved
under section 658G, and the funds for costs described in
subparagraph (C); and
``(ii) from the remainder, use not less than 70 percent to
fund direct services (as defined by the State).''.
(e) Payment Rates.--Section 658E(c)(4) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(4)) is amended--
(1) in subparagraph (A), by striking ``The State plan'' and
all that follows and inserting the following:
``(i) Survey.--The State plan shall--
``(I) demonstrate that the State has, after consulting with
local area child care program administrators, developed and
conducted a statistically valid and reliable survey of the
market rates for child care services in the State (that
reflects variations in the cost of child care services by
geographic area, type of provider, and age of child) within
the 2 years preceding the date of the submission of the
application containing the State plan;
``(II) detail the results of the State market rates survey
conducted pursuant to subclause (I);
[[Page S2034]]
``(III) describe how the State will provide for timely
payment for child care services, and set payment rates for
child care services, for which assistance is provided under
this subchapter in accordance with the results of the market
rates survey conducted pursuant to subclause (I) without
reducing the number of families in the State receiving such
assistance under this subchapter, relative to the number of
such families on the date of introduction of the Caring for
Children Act of 2005; and
``(IV) describe how the State will, not later than 30 days
after the completion of the survey described in subclause
(I), make the results of the survey widely available through
public means, including posting the results on the Internet.
``(ii) Equal access.--The State plan shall include a
certification that the payment rates are sufficient to ensure
equal access for eligible children to child care services
comparable to child care services in the State or substate
area that are provided to children whose parents are not
eligible to receive child care assistance under any Federal
or State program.''; and
(2) in subparagraph (B)--
(A) by striking ``Nothing'' and inserting the following:
``(i) No private right of action.--Nothing''; and
(B) by adding at the end the following:
``(ii) No prohibition of certain different rates.--Nothing
in this subchapter shall be construed to prevent a State from
differentiating the payment rates described in subparagraph
(A) on the basis of--
``(I) geographic location of child care providers (such as
location in an urban or rural area);
``(II) the age or particular needs of children (such as
children with special needs and children served by child
protective services);
``(III) whether the providers provide child care during
weekend and other nontraditional hours; and
``(IV) the State's determination that such differentiated
payment rates are needed to enable a parent to choose child
care that the parent believes to be of high quality.''.
SEC. 105. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.
Section 658G of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858e) is amended to read as follows:
``SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.
``(a) In General.--
``(1) Reservation.--Each State that receives funds to carry
out this subchapter for a fiscal year shall reserve and use
not less than 6 percent of the funds for activities provided
directly, or through grants or contracts with resource and
referral organizations or other appropriate entities, that
are designed to improve the quality of child care services.
``(2) Activities.--The funds reserved under paragraph (1)
may only be used to--
``(A) develop and implement voluntary guidelines on pre-
reading and language skills and activities, and prenumeracy
and mathematics skills and activities, for child care
programs in the State, that are aligned with State standards
for kindergarten through grade 12 or the State's general
goals for school preparedness;
``(B) support activities and provide technical assistance
in Federal, State, and local child care settings to enhance
early learning for preschool and school-aged children, to
promote literacy, to foster school preparedness, and to
support later school success;
``(C) offer training, professional development, and
educational opportunities for child care providers that
relate to the use of developmentally appropriate and age-
appropriate curricula, and early childhood teaching
strategies, that are scientifically based and aligned with
the social, emotional, physical, and cognitive development of
children, including--
``(i) developing and operating distance learning child care
training infrastructures;
``(ii) developing model technology-based training courses;
``(iii) offering training for caregivers in informal child
care settings; and
``(iv) offering training for child care providers who care
for infants and toddlers and children with special needs.
``(D) engage in programs designed to increase the retention
and improve the competencies of child care providers,
including wage incentive programs and initiatives that
establish tiered payment rates for providers that meet or
exceed child care services guidelines, as defined by the
State;
``(E) evaluate and assess the quality and effectiveness of
child care programs and services offered in the State to
young children on improving overall school preparedness; and
``(F) carry out other activities determined by the State to
improve the quality of child care services provided in the
State and for which measurement of outcomes relating to
improved child safety, child well-being, or school
preparedness is possible.
``(b) Certification.--Beginning with fiscal year 2006, the
State shall annually submit to the Secretary a certification
in which the State certifies that the State was in compliance
with subsection (a) during the preceding fiscal year and
describes how the State used funds made available to carry
out this subchapter to comply with subsection (a) during that
preceding fiscal year.
``(c) Strategy.--The State shall annually submit to the
Secretary--
``(1) beginning with fiscal year 2006, an outline of the
strategy the State will implement during that fiscal year to
address the quality of child care services for which
financial assistance is made available under this subchapter,
including--
``(A) a statement specifying how the State will address the
activities carried out under subsection (a);
``(B) a description of quantifiable, objective measures
that the State will use to evaluate the State's progress in
improving the quality of the child care services (including
measures regarding the impact, if any, of State efforts to
improve the quality by increasing payment rates, as defined
in section 658H(c)), evaluating separately the impact of the
activities listed in each of such subparagraphs on the
quality of the child care services; and
``(C) a list of State-developed child care services quality
targets quantified for such fiscal year for such measures;
and
``(2) beginning with fiscal year 2007, a report on the
State's progress in achieving such targets for the preceding
fiscal year.
``(d) Improvement Plan.--If the Secretary determines that a
State failed to make progress as described in subsection
(c)(2) for a fiscal year--
``(1) the State shall submit an improvement plan that
describes the measures the State will take to make that
progress; and
``(2) the State shall comply with the improvement plan by a
date specified by the Secretary but not later than 1 year
after the date of the determination.
``(e) Construction.--Nothing in this subchapter shall be
construed to require that the State apply measures for
evaluating quality of child care services to specific types
of child care providers.''.
SEC. 106. OPTIONAL PRIORITY USE OF ADDITIONAL FUNDS.
The Child Care and Development Block Grant Act of 1990 is
amended by inserting after section 658G (42 U.S.C. 9858e) the
following:
``SEC. 658H. OPTIONAL PRIORITY USE OF ADDITIONAL FUNDS.
``(a) In General.--If a State receives funds to carry out
this subchapter for a fiscal year, and the amount of the
funds exceeds the amount of funds the State received to carry
out this subchapter for fiscal year 2005, the State shall
consider using a portion of the excess--
``(1) to support payment rate increases in accordance with
the market rate survey conducted pursuant to section
658E(c)(4);
``(2) to support the establishment of tiered payment rates
as described in section 658G(a)(2)(D); and
``(3) to support payment rate increases for care for
children in communities served by local educational agencies
that have been identified for improvement under section
1116(c)(3) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6316(c)(3)).
``(b) No Requirement To Reduce Child Care Services.--
Nothing in this section shall be construed to require a State
to take an action that the State determines would result in a
reduction of child care services to families of eligible
children.
``(c) Payment Rate.--In this section, the term `payment
rate' means the rate of State payment or reimbursement to
providers for subsidized child care.''.
SEC. 107. REPORTING REQUIREMENTS.
(a) Heading.--Section 658K of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858i) is
amended by striking the section heading and inserting the
following:
``SEC. 658K. REPORTS AND AUDITS.''.
(b) Required Information.--Section 658K(a) of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858i(a)) is amended to read as follows:
``(a) Reports.--
``(1) In general.--A State that receives funds to carry out
this subchapter shall collect the information described in
paragraph (2) on a monthly basis.
``(2) Required information.--The information required under
this paragraph shall include, with respect to a family unit
receiving assistance under this subchapter, information
concerning--
``(A) family income;
``(B) county of residence;
``(C) the gender, race, and age of children receiving such
assistance;
``(D) whether the head of the family unit is a single
parent;
``(E) the sources of family income, including--
``(i) employment, including self-employment; and
``(ii) assistance under a State program funded under part A
of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) and a State program for which State spending is counted
toward the maintenance of effort requirement under section
409(a)(7) of the Social Security Act (42 U.S.C. 609(a)(7));
``(F) the type of child care in which the child was
enrolled (such as family child care, home care, center-based
child care, or other types of child care described in section
658T(5));
``(G) whether the child care provider involved was a
relative;
``(H) the cost of child care for such family, separately
stating the amount of the subsidy payment of the State and
the amount of the co-payment of the family toward such cost;
``(I) the average hours per month of such care;
[[Page S2035]]
``(J) household size;
``(K) whether the parent involved reports that the child
has an individualized education program or an individualized
family service plan, as such terms are defined in section 602
of the Individuals with Disabilities Education Act; and
``(L) the reason for any termination of benefits under this
subchapter, including whether the termination was due to--
``(i) the child's age exceeding the allowable limit;
``(ii) the family income exceeding the State eligibility
limit;
``(iii) the State recertification or administrative
requirements not being met;
``(iv) parent work, training, or education status no longer
meeting State requirements;
``(v) a nonincome related change in status; or
``(vi) other reasons;
during the period for which such information is required to
be submitted.
``(3) Submission to secretary.--A State described in
paragraph (1) shall, on a quarterly basis, submit to the
Secretary the information required to be collected under
paragraph (2) and the number of children and families
receiving assistance under this subchapter (stated on a
monthly basis). Information on the number of families
receiving the assistance shall also be posted on the website
of such State. In the fourth quarterly report of each year, a
State described in paragraph (1) shall also submit to the
Secretary information on the annual number and type of child
care providers (as described in section 658T(5)) that
received funding under this subchapter and the annual number
of payments made by the State through vouchers, under
contracts, or by payment to parents reported by type of child
care provider.
``(4) Use of samples.--
``(A) Authority.--A State may comply with the requirement
to collect the information described in paragraph (2) through
the use of disaggregated case record information on a sample
of families selected through the use of scientifically
acceptable sampling methods approved by the Secretary.
``(B) Sampling and other methods.--The Secretary shall
provide the States with such case sampling plans and data
collection procedures as the Secretary determines necessary
to produce statistically valid samples of the information
described in paragraph (2). The Secretary may develop and
implement procedures for verifying the quality of data
submitted by the States.''.
(c) Period of Compliance and Waivers.--
(1) In general.--States shall have 2 years from the date of
enactment of this Act to comply with the changes to data
collection and reporting required by the amendments made by
this section.
(2) Waivers.--The Secretary of Health and Human Services
may grant a waiver from paragraph (1) to States with plans to
procure data systems.
SEC. 108. NATIONAL ACTIVITIES.
Section 658L of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858j) is amended to read as follows:
``SEC. 658L. NATIONAL ACTIVITIES.
``(a) Report.--
``(1) In general.--The Secretary shall, not later than
April 30, 2006, and annually thereafter, prepare and submit
to the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate, and, not later than 30
days after the date of such submission, post on the
Department of Health and Human Services website, a report
that contains the following:
``(A) A summary and analysis of the data and information
provided to the Secretary in the State reports submitted
under sections 658E, 658G(c), and 658K.
``(B) Aggregated statistics on and an analysis of the
supply of, demand for, and quality of child care, early
education, and nonschool-hour programs.
``(C) An assessment and, where appropriate, recommendations
for Congress concerning efforts that should be undertaken to
improve the access of the public to quality and affordable
child care in the United States.
``(D) A progress report describing the progress of the
States in streamlining data reporting, the Secretary's plans
and activities to provide technical assistance to States, and
an explanation of any barriers to getting data in an accurate
and timely manner.
``(2) Collection of information.--The Secretary may make
arrangements with resource and referral organizations, to
utilize the child care data system of the resource and
referral organizations at the national, State, and local
levels, to collect the information required by paragraph
(1)(B).
``(b) Grants To Improve Quality and Access.--
``(1) In general.--The Secretary shall award grants to
States, from allotments made under paragraph (2), to improve
the quality of and access to child care for infants and
toddlers, subject to the availability of appropriations for
this purpose.
``(2) Allotments.--From funds reserved under section
658O(a)(3) for a fiscal year, the Secretary shall allot to
each State an amount that bears the same relationship to such
funds as the amount the State receives for the fiscal year
under section 658O bears to the amount all States receive for
the fiscal year under section 658O.
``(c) Toll-Free Hotline.--The Secretary shall award a grant
or contract, or enter into a cooperative agreement for the
operation of a national toll-free hotline to assist families
in accessing local information on child care options and
providing consumer education materials, subject to the
availability of appropriations for this purpose.
``(d) Technical Assistance.--The Secretary shall provide
technical assistance to States on developing and conducting
the State market rates survey described in section
658E(c)(4)(A)(i).''.
SEC. 109. ALLOCATION OF FUNDS FOR INDIAN TRIBES, QUALITY
IMPROVEMENT, AND A HOTLINE.
(a) In General.--Section 658O(a) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858m(a)) is
amended--
(1) in paragraph (2), by striking ``not less than 1
percent, and not more than 2 percent,'' and inserting ``2
percent''; and
(2) by adding at the end the following:
``(3) Grants to improve quality and access.--The Secretary
shall reserve an amount not to exceed $100,000,000 for each
fiscal year to carry out section 658L(b), subject to the
availability of appropriations for this purpose.
``(4) Toll-free hotline.--The Secretary shall reserve an
amount not to exceed $1,000,000 to carry out section 658L(c),
subject to the availability of appropriations for this
purpose.''.
(b) Conforming Amendment.--Section 658O(c)(1) of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858m(c)(1)) is amended by inserting ``(in accordance with
the requirements of subparagraphs (E) and (F) of section
658E(c)(2) for such tribes or organizations)'' after
``applications under this section''.
SEC. 110. DEFINITIONS.
(a) Eligible Child.--Section 658P(4) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n(4)) is
amended--
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ``85 percent of the State median income for
a family of the same size'' and inserting ``an income level
determined by the State involved, with priority based on need
as defined by the State''; and
(2) in subparagraph (C)--
(A) in clause (i), by striking ``a parent or parents'' and
inserting ``a parent (including a legal guardian or foster
parent) or parents''; and
(B) by striking clause (ii) and inserting the following:
``(ii)(I) is receiving, or needs to receive, protective
services (which may include foster care) or is a child with
significant cognitive or physical disabilities as defined by
the State; and
``(II) resides with a parent (including a legal guardian or
foster parent) or parents not described in clause (i).''.
(b) Child With Special Needs.--Section 658P of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858n) is amended by inserting after paragraph (2) the
following:
``(3) Child with special needs.--The term `child with
special needs' means--
``(A) a child with a disability, as defined in section 602
of the Individuals with Disabilities Education Act;
``(B) a child who is eligible for early intervention
services under part C of the Individuals with Disabilities
Education Act; and
``(C) a child with special needs, as defined by the State
involved.''.
(c) Lead Agency.--Section 658P(8) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n(8)) is
amended by striking ``section 658B(a)'' and inserting
``section 658D(a)''.
(d) Parent.--Section 658P(9) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n(9)) is
amended by inserting ``, foster parent,'' after ``guardian''.
(e) Native Hawaiian Organization.--Section 658P(14)(B) of
the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858n(14)(B)) is amended by striking ``Native Hawaiian
Organization, as defined in section 4009(4) of the Augustus
F. Hawkins-Robert T. Stafford Elementary and Secondary School
Improvement Amendments of 1988 (20 U.S.C. 4909(4))'' and
inserting ``Native Hawaiian organization, as defined in
section 7207 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7517)''.
(f) Redesignation.--The Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended--
(1) by redesignating section 658P as section 658T; and
(2) by moving that section 658T to the end of the Act.
SEC. 111. RULES OF CONSTRUCTION.
The Child Care and Development Block Grant Act of 1990 (as
amended by section 110(f)) is further amended by inserting
after section 658O (42 U.S.C. 9858m) the following:
``SEC. 658P. RULES OF CONSTRUCTION.
``Nothing in this subchapter shall be construed to require
a State to impose State child care licensing requirements on
any type of early childhood provider, including any such
provider who is exempt from State child care licensing
requirements on the date of enactment of the Caring for
Children Act of 2005.''.
TITLE II--ENHANCING SECURITY AT CHILD CARE CENTERS IN FEDERAL
FACILITIES
SEC. 201. DEFINITIONS.
In this title:
[[Page S2036]]
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Corresponding child care facility.--The term
``corresponding child care facility'', used with respect to
the Chief Administrative Officer of the House of
Representatives, the Librarian of Congress, or the head of a
designated entity in the Senate, means a child care facility
operated by, or under a contract or licensing agreement with,
an office of the House of Representatives, the Library of
Congress, or an office of the Senate, respectively.
(3) Entity sponsoring a child care facility.--The term
``entity sponsoring'', used with respect to a child care
facility, means a Federal agency that operates, or an entity
that enters into a contract or licensing agreement with a
Federal agency to operate, a child care facility primarily
for the use of Federal employees.
(4) Executive agency.--The term ``Executive agency'' has
the meaning given the term in section 105 of title 5, United
States Code, except that the term--
(A) does not include the Department of Defense and the
Coast Guard; and
(B) includes the General Services Administration, with
respect to the administration of a facility described in
paragraph (5)(B).
(5) Executive facility.--The term ``executive facility''--
(A) means a facility that is owned or leased by an
Executive agency; and
(B) includes a facility that is owned or leased by the
General Services Administration on behalf of a judicial
office.
(6) Federal agency.--The term ``Federal agency'' means an
Executive agency, a legislative office, or a judicial office.
(7) Judicial facility.--The term ``judicial facility''
means a facility that is owned or leased by a judicial office
(other than a facility that is also a facility described in
paragraph (5)(B)).
(8) Judicial office.--The term ``judicial office'' means an
entity of the judicial branch of the Federal Government.
(9) Legislative facility.--The term ``legislative
facility'' means a facility that is owned or leased by a
legislative office.
(10) Legislative office.--The term ``legislative office''
means an entity of the legislative branch of the Federal
Government.
SEC. 202. ENHANCING SECURITY.
(a) Coverage.--
(1) Executive branch.--The Administrator shall issue the
regulations described in subsection (b) for child care
facilities, and entities sponsoring child care facilities, in
executive facilities.
(2) Legislative branch.--The Chief Administrative Officer
of the House of Representatives, the Librarian of Congress,
and the head of a designated entity in the Senate shall issue
the regulations described in subsection (b) for corresponding
child care facilities, and entities sponsoring the
corresponding child care facilities, in legislative
facilities.
(3) Judicial branch.--The Director of the Administrative
Office of the United States Courts shall issue the
regulations described in subsection (b) for child care
facilities, and entities sponsoring child care facilities, in
judicial facilities.
(b) Regulations.--The officers and designated entity
described in subsection (a) shall issue regulations that
concern--
(1) matters relating to an occupant emergency plan and
evacuations, such as--
(A) providing for building security committee membership
for each director of a child care facility described in
subsection (a);
(B) establishing a separate section in an occupant
emergency plan for each such facility;
(C) promoting familiarity with procedures and evacuation
routes for different types of emergencies (such as
emergencies caused by hazardous materials, a fire, a bomb
threat, a power failure, or a natural disaster);
(D) strengthening onsite relationships between security
personnel and the personnel of such a facility, such as by
ensuring that the post orders of guards reflect
responsibility for the facility;
(E) providing specific, clear, and concise evacuation
instructions for a facility, including instructions
specifying who authorizes an evacuation;
(F) providing for good evacuation equipment, especially
cribs; and
(G) promoting the ability to evacuate without outside
assistance; and
(2) matters relating to relocation sites, such as--
(A) promoting an informed parent body that is knowledgeable
about evacuation procedures and relocation sites;
(B) providing regularly updated parent contact information
(regarding matters such as names, locations, electronic mail
addresses, and cell phone and other telephone numbers);
(C) establishing remote telephone contact for parents, to
and from areas that are not less than 10 miles from such a
facility; and
(D) providing for an alternate site (in addition to regular
sites) in the event of a catastrophe, which site may
include--
(i) a site that would be an unreasonable distance from the
facility under normal circumstances; and
(ii) a facility with 24-hour operations, such as a hotel or
law school library.
TITLE III--REMOVAL OF BARRIERS TO INCREASING THE SUPPLY OF QUALITY
CHILD CARE
SEC. 301. SMALL BUSINESS CHILD CARE GRANT PROGRAM.
(a) Establishment.--The Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall establish a program to award grants to States, on a
competitive basis, to assist States in providing funds to
encourage the establishment and operation of employer-
operated child care programs.
(b) Application.--To be eligible to receive a grant under
this section, a State shall prepare and submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including an assurance that the funds required under
subsection (e) will be provided.
(c) Amount of Grant.--The Secretary shall determine the
amount of a grant to a State under this section based on the
population of the State as compared to the population of all
States receiving grants under this section.
(d) Use of Funds.--
(1) In general.--A State shall use amounts provided under a
grant awarded under this section to provide assistance to
small businesses (or consortia formed in accordance with
paragraph (3)) located in the State to enable the small
businesses (or consortia) to establish and operate child care
programs. Such assistance may include--
(A) technical assistance in the establishment of a child
care program;
(B) assistance for the startup costs related to a child
care program;
(C) assistance for the training of child care providers;
(D) scholarships for low-income wage earners;
(E) the provision of services to care for sick children or
to provide care to school-aged children;
(F) the entering into of contracts with local resource and
referral or local health departments;
(G) assistance for care for children with disabilities;
(H) payment of expenses for renovation or operation of a
child care facility; or
(I) assistance for any other activity determined
appropriate by the State.
(2) Application.--In order for a small business or
consortium to be eligible to receive assistance from a State
under this section, the small business involved shall prepare
and submit to the State an application at such time, in such
manner, and containing such information as the State may
require.
(3) Preference.--
(A) In general.--In providing assistance under this
section, a State shall give priority to an applicant that
desires to form a consortium to provide child care in a
geographic area within the State where such care is not
generally available or accessible.
(B) Consortium.--For purposes of subparagraph (A), a
consortium shall be made up of 2 or more entities that shall
include small businesses and that may include large
businesses, nonprofit agencies or organizations, local
governments, or other appropriate entities.
(4) Limitation.--With respect to grant funds received under
this section, a State may not provide in excess of $500,000
in assistance from such funds to any single applicant.
(e) Matching Requirement.--To be eligible to receive a
grant under this section, a State shall provide assurances to
the Secretary that, with respect to the costs to be incurred
by a covered entity receiving assistance in carrying out
activities under this section, the covered entity will make
available (directly or through donations from public or
private entities) non-Federal contributions to such costs in
an amount equal to--
(1) for the first fiscal year in which the covered entity
receives such assistance, not less than 50 percent of such
costs ($1 for each $1 of assistance provided to the covered
entity under the grant);
(2) for the second fiscal year in which the covered entity
receives such assistance, not less than 66\2/3\ percent of
such costs ($2 for each $1 of assistance provided to the
covered entity under the grant; and
(3) for the third fiscal year in which the covered entity
receives such assistance, not less than 75 percent of such
costs ($3 for each $1 of assistance provided to the covered
entity under the grant.
(f) Requirements of Providers.--To be eligible to receive
assistance under a grant awarded under this section, a child
care provider shall comply with all applicable State and
local licensing and regulatory requirements and all
applicable health and safety standards in effect in the
State.
(g) State-Level Activities.--A State may not retain more
than 3 percent of the amount described in subsection (c) for
State administration and other State-level activities.
(h) Administration.--
(1) State responsibility.--A State shall have
responsibility for administering a grant awarded for the
State under this section and for monitoring covered entities
that receive assistance under such grant.
(2) Audits.--A State shall require each covered entity
receiving assistance under the grant awarded under this
section to conduct an annual audit with respect to the
activities of the covered entity. Such audits shall be
submitted to the State.
(3) Misuse of funds.--
[[Page S2037]]
(A) Repayment.--If the State determines, through an audit
or otherwise, that a covered entity receiving assistance
under a grant awarded under this section has misused the
assistance, the State shall notify the Secretary of the
misuse. The Secretary, upon such a notification, may seek
from such a covered entity the repayment of an amount equal
to the amount of any such misused assistance plus interest.
(B) Appeals process.--The Secretary shall by regulation
provide for an appeals process with respect to repayments
under this paragraph.
(i) Reporting Requirements.--
(1) 2-year study.--
(A) In general.--Not later than 2 years after the date on
which the Secretary first awards grants under this section,
the Secretary shall conduct a study to determine--
(i) the capacity of covered entities to meet the child care
needs of communities within States;
(ii) the kinds of consortia that are being formed with
respect to child care at the local level to carry out
programs funded under this section; and
(iii) who is using the programs funded under this section
and the income levels of such individuals.
(B) Report.--Not later than 28 months after the date on
which the Secretary first awards grants under this section,
the Secretary shall prepare and submit to the appropriate
committees of Congress a report on the results of the study
conducted in accordance with subparagraph (A).
(2) 4-year study.--
(A) In general.--Not later than 4 years after the date on
which the Secretary first awards grants under this section,
the Secretary shall conduct a study to determine the number
of child care facilities that are funded through covered
entities that received assistance through a grant awarded
under this section and that remain in operation, and the
extent to which such facilities are meeting the child care
needs of the individuals served by such facilities.
(B) Report.--Not later than 52 months after the date on
which the Secretary first awards grants under this section,
the Secretary shall prepare and submit to the appropriate
committees of Congress a report on the results of the study
conducted in accordance with subparagraph (A).
(j) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' means a
small business or a consortium formed in accordance with
subsection (d)(3).
(2) Small business.--The term ``small business'' means an
employer who employed an average of at least 2 but not more
than 50 employees on business days during the preceding
calendar year.
(k) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section, $50,000,000 for the period of fiscal
years 2006 through 2010.
(2) Evaluations and administration.--With respect to the
total amount appropriated for such period in accordance with
this subsection, not more than $2,500,000 of that amount may
be used for expenditures related to conducting evaluations
required under, and the administration of, this section.
(l) Termination of Program.--The program established under
subsection (a) shall terminate on September 30, 2010.
Mr. ENZI. Mr. President, today I am pleased to be joined by Senators
Kennedy, Alexander and Dodd in introducing the ``Caring for Children
Act of 2005'' which reauthorizes the Child Care and Development Block
Grant (CCDBG). This legislation is essential to continued success with
welfare reform because it helps low-income parents find and pay for
affordable child care so that they can work.
As members of this body know, child care vouchers provided to parents
by States using CCDBG funds greatly facilitate the expansion of child
care subsidies and promote parental choice by allowing eligible parents
to select their preferred type of care setting and provider, including
faith-based providers.
Current law provides States with flexibility in determining how to
address the child care needs of low-income families and children,
including establishing the eligibility requirements for participation.
The legislation we are introducing today adds even greater
flexibility by proposing to eliminate the arbitrary Federal ceiling for
eligibility. Removal of this ceiling, previously set at 85 percent of
State median income, eliminates any Federal income-based restriction on
State determination of who receives benefits. However States must
continue to prioritize families based on need.
States provide child care assistance to both TANF and non-TANF
families. For the first time the Caring for Children Act requires
States and territories to show they are spending at least 70 percent of
their mandatory child care money on actual subsidies for child care.
For TANF families, families transitioning off TANF, and families at
risk of becoming dependent on public assistance an assurance of the
State's commitment to providing significant funds for direct assistance
is critical.
The bill we are introducing today also addresses factors that in the
past made finding care difficult for parents. We have specifically
required States to meet the child care needs of parents who have
children with special needs, parents who work non-traditional hours, or
parents who need child care for infants and toddlers. Additionally, the
legislation streamlines and reduces unnecessary paperwork by allowing
States to provide assistance to eligible families for six months before
re-determining eligibility.
The bill also supports the needs of small business owners and
operators, by providing resources for small businesses to join together
to provide child care for their employees. This will be of great help
for rural areas, where small businesses provide most of the employment
opportunities.
Last, but most importantly, the bill responds to, in significant
ways, the very disturbing reports about the lack of quality in child
care and the lack of tangible results from current investments in
quality. The bill before us increases the quality set-aside from 4 to 6
percent and directs child care quality funds toward activities that can
really make a difference. Under this bill, States would develop child
care quality targets and would be held accountable to reach those
targets. Quality funds would be available for States to: develop and
implement voluntary guidelines on pre-reading and language skills and
prenumeracy and mathematic skills and activities for child care
programs in the State; support activities and provide technical
assistance to enhance early learning and school preparedness in
Federal, State and local child care settings; offer training,
professional development and educational opportunities for child care
providers that relate to scientifically based curricula and teaching
strategies through several means including distance learning; offer
incentives for child care providers that meet or exceed State child
care services guidelines; evaluate and assess the quality and
effectiveness of child care programs and services offered in the State
to young children on improving overall school preparedness; and other
activities that can be shown to improve child safety, child well-being,
or school preparedness.
The improvements made to the program by this legislation and the
resources it provides will continue to help provide quality child care
in my home State of Wyoming, and other rural States. Many families in
Wyoming reside in very isolated areas, and by helping to support child
care centers in those rural areas, this legislation will help provide
high quality child care; a service that many in those communities might
otherwise be forced to do without.
This legislation represents a truly bi-partisan effort and I look
forward to having it signed into law this year. The Caring for Children
Act includes some very important changes in our nation's premier child
care program that provide families with the assistance they need to
work and access to child care that best meets their children's needs.
______
By Mr. REED (for himself, Mr. Dodd, Mr. Kennedy, and Mrs.
Murray):
S. 526. A bill to amend the Child Care and Development Block Grant
Act of 1990 to provide incentive grants to improve the quality of child
care; to the Committee on Health, Education, Labor, and Pensions.
Mr. REED. Mr. President, I am pleased to be joined today by Senators
Dodd, Kennedy, and Murray in once again introducing the Child Care
Quality Incentive Act, which seeks to redouble our child care efforts
and renew the child care partnership with the States by providing
incentive funding to increase payment rates.
This legislation seeks to put high-quality child care within the
reach of more working families. As things stand, States too often fund
only a fraction of prevailing child care costs.
Under the Child Care and Development Block Grant (CCDBG), States are
required to perform market rate surveys every two years. Yet many
States
[[Page S2038]]
disregard them when it comes time to setting their payment rates, the
level at which States reimburse child care providers who care for low-
income children who receive a child care subsidy. As a result, States
are unable to meet the law's promise to give eligible low-income
families the same access to child care services as non-eligible
families.
At stake are safe, supportive, and educationally enriching
environments for children during the formative years that set the stage
for future performance in school and beyond. When payment rates are set
too low, child care centers that serve low-income children struggle to
survive and may have to close. If they choose to stay afloat despite
the limited ability of families to pay, the tradeoffs directly impact
the quality of care. Such tradeoffs include smaller staffs, underpaid
employees with few or no benefits, and limited employee training,
educational materials, and community services like health screenings.
Those centers that avoid this route may turn low-income children away
or be forced out of business.
Under welfare reform we expect the neediest parents to hold jobs to
sustain their families. We must also afford them responsible choices to
protect their children while they pursue their economic future.
Our legislation creates a new mandatory funding pool under the Child
Care and Development Block Grant to help States increase payment rates,
while requiring States to set payment rates in line with updated market
rate surveys. As such, it will allow more low-income families access to
quality child care, and increase the availability of quality child care
for all families.
Support for this legislation is strong among leading national
organizations such as USA Child Care, the Children's Defense Fund, the
YMCA of the USA, Catholic Charities of the USA, the Child Welfare
League of America, and many more. A range of local and State
organizations and providers have also offered endorsements.
This year, Congress is slated to reauthorize the Child Care and
Development Block Grant. I urge my colleagues to join Senators Dodd,
Kennedy, Murray, and me in this endeavor to improve the quality of
child care by cosponsoring the Child Care Quality Incentive Act and
working to include its provisions in the CCDBG reauthorization. The
time to bring payment rates in line with market realities is now. Only
then will the commitment to offer equal access to quality child care
ring true.
Mr. President, I ask unanimous consent that the text of this
legislation be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 526
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care Quality Incentive
Act of 2005''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Recent research on early brain development reveals that
much of a child's growth is determined by early learning and
nurturing care. Research also shows that quality early care
and education leads to increased cognitive abilities,
positive classroom learning behavior, increased likelihood of
long-term school success, and greater likelihood of long-term
economic and social self-sufficiency.
(2) Each day an estimated 13,000,000 children, including
6,000,000 infants and toddlers, spend some part of their day
in child care. However, a study in 4 States found that only 1
in 7 child care centers provide care that promotes healthy
development, while 1 in 8 child care centers provide care
that threatens the safety and health of children.
(3) Full-day child care can cost $4,000 to $12,000 per
year.
(4) Although Federal assistance is available for child
care, funding is severely limited. Even with Federal
subsidies, many families cannot afford child care. For
families with young children and a monthly income under
$1,200, the cost of child care typically consumes 25 percent
of their income.
(5) Payment (or reimbursement) rates, which determine the
maximum the State will reimburse a child care provider for
the care of a child who receives a subsidy, are too low to
ensure that quality care is accessible to all families.
(6) Low payment rates directly affect the kind of care
children get and whether families can find quality child care
in their communities. In many instances, low payment rates
force child care providers serving low-income children to cut
corners in ways that impact the quality of care for the
children, including reducing the number of staff, eliminating
professional development opportunities, and cutting enriching
educational activities and services.
(7) Children in low-quality child care are more likely to
have delayed reading and language skills, and display more
aggression toward other children and adults.
(8) Increased payment rates lead to higher quality child
care as child care providers are able to attract and retain
qualified staff, provide salary increases and professional
training, maintain a safe and healthy environment, and
purchase basic supplies, children's literature, and
developmentally appropriate educational materials.
(b) Purpose.--The purpose of this Act is to improve the
quality of, and access to, child care by increasing child
care payment rates.
SEC. 3. PAYMENT RATES.
Section 658E(c)(4) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858c(c)(4)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
(2) in subparagraph (A), by striking ``to comparable child
care services'' and inserting ``to child care services that
are comparable (in terms of quality and types of services
provided) to child care services''; and
(3) by inserting after subparagraph (A) the following:
``(B) Payment rates.--
``(i) Surveys.--In order to provide the certification
described in subparagraph (A), the State shall conduct
statistically valid and reliable market rate surveys (that
reflect variations in the cost of child care services by
locality), in accordance with such methodology standards as
the Secretary shall issue. The State shall conduct the
surveys not less often than at 2-year intervals, and use the
results of such surveys to implement, not later than 1 year
after conducting each survey, payment rates described in
subparagraph (A) that ensure equal access to comparable
services as required by subparagraph (A).
``(ii) Cost of living adjustments.--The State shall adjust
the payment rates at intervals between such surveys to
reflect increases in the cost of living, in such manner as
the Secretary may specify.
``(iii) Rates for different ages and types of care.--The
State shall ensure that the payment rates reflect variations
in the cost of providing child care services for children of
different ages and providing different types of care.
``(iv) Public dissemination.--The State shall, not later
than 30 days after the completion of each survey described in
clause (i), make the results of the survey widely available
through public means, including posting the results on the
Internet.''.
SEC. 4. INCENTIVE GRANTS TO IMPROVE THE QUALITY OF CHILD
CARE.
(a) Funding.--Section 658B of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858) is
amended--
(1) by striking ``There'' and inserting the following:
``(a) Authorization of Appropriations.--There'';
(2) in subsection (a), by inserting ``(other than section
658H)'' after ``this subchapter''; and
(3) by adding at the end the following:
``(b) Appropriation of Funds for Grants to Improve the
Quality of Child Care.--Out of any funds in the Treasury that
are not otherwise appropriated, there is authorized to be
appropriated and there is appropriated $500,000,000 for each
of fiscal years 2006 through 2010, for the purpose of making
grants under section 658H.''.
(b) Use of Block Grant Funds.--Section 658E(c)(3) of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(3)) is amended--
(1) in subparagraph (B), by striking ``under this
subchapter'' and inserting ``under this subchapter (other
than section 658B(b))''; and
(2) in subparagraph (D), by inserting ``(other than section
658H)'' after ``under this subchapter''.
(c) Establishment of Program.--Section 658G of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858e) is amended by inserting ``(other than section 658H)''
after ``this subchapter''.
(d) Grants To Improve the Quality of Child Care.--The Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858
et seq.) is amended by inserting after section 658G the
following:
``SEC. 658H. GRANTS TO IMPROVE THE QUALITY OF CHILD CARE.
``(a) Authority.--
``(1) In general.--The Secretary shall use the amount
appropriated under section 658B(b) for a fiscal year to make
grants to eligible States, and Indian tribes and tribal
organizations, in accordance with this section.
``(2) Annual payments.--The Secretary shall make an annual
payment for such a grant to each eligible State, and for
Indian tribes and tribal organizations, out of the
corresponding payment or allotment made under subsections
(a), (b), and (e) of section 658O from the amount
appropriated under section 658B(b).
``(b) Eligible States.--
``(1) In general.--In this section, the term `eligible
State' means a State that--
``(A) has conducted a statistically valid survey of the
market rates for child care
[[Page S2039]]
services in the State within the 2 years preceding the date
of the submission of an application under paragraph (2); and
``(B) submits an application in accordance with paragraph
(2).
``(2) Application.--
``(A) In general.--To be eligible to receive a grant under
this section, a State shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information, in addition to the information required
under subparagraph (B), as the Secretary may require.
``(B) Information required.--Each application submitted for
a grant under this section shall--
``(i) detail the methodology and results of the State
market rates survey conducted pursuant to paragraph (1)(A);
``(ii) describe the State's plan to increase payment rates
from the initial baseline determined under clause (i);
``(iii) describe how the State will increase payment rates
in accordance with the market survey results, for all types
of child care providers who provide services for which
assistance is made available under this subchapter;
``(iv) describe how payment rates will be set to reflect
the variations in the cost of providing care for children of
different ages and different types of care;
``(v) describe how the State will prioritize increasing
payment rates for--
``(I) care of higher-than-average quality, such as care by
accredited providers or care that includes the provision of
comprehensive services;
``(II) care for children with disabilities and children
served by child protective services; or
``(III) care for children in communities served by local
educational agencies that have been identified for
improvement under section 1116(c)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(c)(3));
``(vi) describe the State's plan to assure that the State
will make the payments on a timely basis and follow the usual
and customary market practices with regard to payment for
child absentee days; and
``(vii) describe the State's plans for making the results
of the survey widely available through public means.
``(3) Continuing eligibility requirement.--
``(A) Second and subsequent payments.--A State shall be
eligible to receive a second or subsequent annual payment
under this section only if the Secretary determines that the
State has made progress, through the activities assisted
under this subchapter, in maintaining increased payment
rates.
``(B) Third and subsequent payments.--A State shall be
eligible to receive a third or subsequent annual payment
under this section only if the State has conducted, at least
once every 2 years, an update of the survey described in
paragraph (1)(A).
``(4) Requirement of matching funds.--
``(A) In general.--To be eligible to receive a grant under
this section, the State shall agree to make available State
contributions from State sources toward the costs of the
activities to be carried out by the State pursuant to
subsection (c) in an amount that is not less than 20 percent
of such costs.
``(B) Determination of state contributions.--Such State
contributions shall be in cash. Amounts provided by the
Federal Government may not be included in determining the
amount of such State contributions.
``(c) Use of Funds.--
``(1) Priority use.--An eligible State that receives a
grant under this section shall use the funds received to
significantly increase the payment rate for the provision of
child care assistance in accordance with this subchapter up
to the 100th percentile of the market rate determined under
the market rate survey described in subsection (b)(1)(A).
``(2) Additional uses.--An eligible State that demonstrates
to the Secretary that the State has achieved a payment rate
of the 100th percentile of the market rate determined under
the market rate survey described in subsection (b)(1)(A) may
use funds received under a grant made under this section for
any other activity that the State demonstrates to the
Secretary will enhance the quality of child care services
provided in the State.
``(3) Supplement not supplant.--Amounts paid to a State
under this section shall be used to supplement and not
supplant other Federal, State, or local funds provided to the
State under this subchapter or any other provision of law.
``(d) Evaluations and Reports.--
``(1) State evaluations.--Each eligible State shall submit
to the Secretary, at such time and in such form and manner as
the Secretary may require, information regarding the State's
efforts to increase payment rates and the impact increased
payment rates are having on the quality of child care in the
State and the access of parents to high-quality child care in
the State.
``(2) Reports to congress.--The Secretary shall submit
biennial reports to Congress on the information described in
paragraph (1). Such reports shall include data from the
applications submitted under subsection (b)(2) as a baseline
for determining the progress of each eligible State in
maintaining increased payment rates.
``(e) Indian Tribes and Tribal Organizations.--The
Secretary shall determine the manner in which and the extent
to which the provisions of this section apply to Indian
tribes and tribal organizations.
``(f) Payment Rate.--In this section, the term `payment
rate' means the rate of reimbursement to providers for
subsidized child care.''.
(e) Payments.--Section 658J(a) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858h(a)) is
amended by inserting ``from funds appropriated under section
658B(a)'' after ``section 658O''.
(f) Allotment.--Section 658O of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858m) is
amended--
(1) in subsection (b)(1), in the matter preceding
subparagraph (A)--
(A) by striking ``section 658B'' and inserting ``section
658B(a)''; and
(B) by inserting ``and from the amounts appropriated under
section 658B(b) for each fiscal year remaining after
reservations under subsection (a),'' before ``the Secretary
shall allot''; and
(2) in subsection (e)--
(A) in paragraph (1), by striking ``the allotment under
subsection (b)'' and inserting ``an allotment made under
subsection (b)''; and
(B) in paragraph (3), by inserting ``corresponding'' before
``allotment''.
Mr. KENNEDY. Mr. President, I'm pleased to join my colleagues in
introducing the Caring for Children Act of 2005. We were able to work
together on both sides of the aisle to prepare this bill to reauthorize
the Child Care and Development Block Grant program. The Caring for
Children Act reflects our common goals to expand access and improve the
quality of child care for children and families throughout the Nation.
Child care is a key issue in both welfare reform and education
reform. The success of our welfare system rests on our ability to
provide dependable and consistent child care support for low-income
families, so that they can work and provide for their families.
Improving the quality of child care and the environment in which our
children develop is an essential responsibility of our society as a
whole, and this legislation can be an important part of our effort in
Congress to meet that responsibility.
Today, 65 percent of parents with young children and 79 percent of
parents with school age children are in America's workforce. During the
working day, 14 million children are cared for by someone other than a
parent.
For low-income families and single mothers, child care assistance is
a lifeline. Low-income mothers who receive child care assistance are 40
percent more likely to remain employed after 2 years, compared to those
who do not receive such support. Yet child care is still unaffordable
for far too many families--full-day care can easily cost thousands of
dollars a year and become an impossible expense for millions of
families.
The Caring for Children Act will expand access to child care and do
more to deliver the support that working parents need in obtaining
effective child care. The bill supports activities to help parents fmd
quality care through State Resource and Referral Centers, so that
greater information and outreach to parents will be available.
Child care is a vital support for working parents, and it is also an
essential link in preparing young children for school. Research shows
that the early environments in which children learn and develop have a
profound impact on their later development and on their success in
school. Unfortunately, much remains to be done to improve the quality
of child care. Nearly half of all kindergarten teachers report that the
majority of children in each entering class has specific problems,
including difficulty in following directions, lack of even the most
basic academic skills, troubled situations at home, or difficulty in
relating to other children.
The Caring for Children Act seeks to improve the quality of child
care available to low-income children and their families through the
Child Care and Development Block Grant. The bill will raise the amount
of funds that States must dedicate to quality activities from 4 to 6
percent.
Most important, the Act will promote better child care by focusing on
activities that make children ready to learn, and encouraging States to
improve child safety and well-being. Funds will be used to provide
greater training and support for child care workers, establish
voluntary guidelines for school preparedness, and enhance the early
learning of young children.
Investments in the child care workforce are also essential to improve
the quality of care. Today, only one in
[[Page S2040]]
seven child care centers provides a level of quality adequate for child
development. Thirty states have no pre-service training requirements
for child care workers. Our bill supports professional development and
education opportunities for child care providers to upgrade their
skills and to use proven and effective early learning materials and
teaching strategies in their work. It encourages states to increase the
recruitment and retention of qualified child care staff and reduce the
high turnover rates in child care centers.
We must also do more to ensure that states provide timely and
adequate payments for high quality care. The Caring for Children Act
will improve reimbursement rates for care in the states, and more
effectively use the market survey required under current law to
establish payment rates. I commend Senator Reed for his leadership on
those provisions.
Finally, the Caring for Children Act creates a new Federal commitment
to serve children in need, including families with infants and
toddlers, children with disabilities, and families that require special
care during non-traditional work hours. Thanks to Senator Harkin's
leadership, the needs of infants and toddlers will continue to be
addressed in this bill.
The Caring for Children Act builds on effective practices already
underway in many states, but we still have a long way to go to see that
all children have access to good child care. More resources are clearly
required, and the need is urgent.
In nearly half the states, eligible children are being placed on
waiting lists or being turned away altogether. In Massachusetts, over
16,000 low-income children are on waiting lists.
Instead of responding to this need, the President's budget for Fiscal
Year 2006 freezes funding for the Child Care and Development Block
Grant. Under the Administration's own calculations, 300,000 fewer low-
income children will have access to child care assistance by 2010.
Surely, we can do better.
It makes no sense to cut back on child care for low-income children.
We need to serve as many needy children as possible. I look forward
very much to working with our colleagues on the Finance Committee to
make that goal a reality as the reauthorization of the Temporary
Assistance for Needy Families Block Grant moves forward this year.
I commend Senators Enzi, Alexander, and Dodd for their impressive
work on this bill. I urge all of my colleagues in the Senate to support
this important legislation and work with us to provide the support for
quality child care that low-income families throughout America need and
deserve.
______
By Mr. LAUTENBERG (for himself, Mr. Corzine, Mr. Schumer, and
Mrs. Clinton):
S. 527. A bill to protect the Nation's law enforcement officers by
banning the Five-seveN Pistol and 5.7 x 28mm SS190 and SS192
cartridges, testing handguns and ammunition for capability to penetrate
body armor, and prohibiting the manufacture, importation, sale, or
purchase of such handguns or ammunition by civilians; to the Committee
on the Judiciary.
Mr. LAUTENBERG. Mr. President, the tragic attacks of September 11,
2001 reminded us that police are heroes who risk their lives to protect
us.
That's why it's so outrageous that a gun manufacturer would design
and market a ``cop killer'' weapon.
Today on the streets of our cities there is a handgun, called the
Five-SeveN, that was specifically designed to pierce bulletproof vests
like the ones worn by police.
The web site for this gun actually brags that it can pierce
protective armor--that it is a potential cop killer.
One of these weapons was recently confiscated by police officer in
Camden, NJ, from a suspect charged with trafficking in large amounts of
narcotics.
If there had been a gunfight, the police would have been outgunned.
Who knows how many cop-killer guns are on the streets of my State--or
yours?
Police across the nation are alarmed by this weapon. The police chief
of Jersey City, Robert Troy, recently pleaded with Congress to ban this
gun.
That's why I have introduced the Protect Law Enforcement Armor (PLEA)
Act to take ``cop-killer guns'' off the streets. And, I am pleased
Senators Corzine, Schumer and Clinton are co-sponsors of this
legislation.
There might be a place for this gun on a battlefield . . . but not
near a playground.
Not on our streets.
The cop-killer gun isn't good for hunting. The last time I checked,
deer didn't wear bulletproof vests.
It isn't for target shooting.
It isn't even a practical weapon for protection against home
intruders.
The cop-killer gun was designed for one thing--piercing the
protective armor worn by police officers.
This is a weapon a terrorist or criminal would love: light and easily
concealed, yet so powerful that it can penetrate a bullet-proof vest
from a distance of more than two football fields.
Armor-piercing bullets are already illegal, but the cop-killer gun
has slipped through a loophole in the law.
Simply put, this gun skirts the law by delivering ammunition with
unusual velocity, turning otherwise legal bullets into ``cop killers.''
We can't sit by. We must protect our police.
We must ban the cop-killer gun and close the loophole on cop-killer
bullets.
Our police officers risk their lives to protect us . . . but we
should reduce that risk as much as possible.
Let's get cop-killer guns off our streets.
Let's pass the PLEA Act.
The PLEA Act is simple. It would ban the Five-seven assault pistol,
ban the special armor piecing FN 5.7 x 28mm S 192 ammunition, expand
the federal definition of armor piercing ammunition, and require the
Attorney General to test any ammunition that is capable of penetrating
body armor.
The PLEA Act does not apply to the military and law enforcement. In
fact, it specifically exempts sale of armor piercing ammunition to the
military and law enforcement.
I encourage my colleagues to support it.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 527
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Law Enforcement
Armor Act'' or the ``PLEA Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Law enforcement is facing a new threat from handguns
and accompanying ammunition, which are designed to penetrate
police body armor, being marketed and sold to civilians.
(2) A Five-seveN Pistol and accompanying ammunition,
manufactured by FN Herstal of Belgium as the ``5.7 x 28 mm
System,'' has recently been recovered by law enforcement on
the streets. The Five-seveN Pistol and 5.7 x 28mm SS192
cartridges are legally available for purchase by civilians
under current law.
(3) The Five-seveN Pistol and 5.7 x 28mm SS192 cartridges
are capable of penetrating level IIA armor. The manufacturer
advertises that ammunition fired from the Five-seveN will
perforate 48 layers of Kevlar up to 200 meters and that the
ammunition travels at 2100 feet per second.
(4) The Five-seveN Pistol, and similar handguns designed to
use ammunition capable of penetrating body armor, pose a
devastating threat to law enforcement.
(b) Purpose.--The purpose of this Act is to protect the
Nation's law enforcement officers by--
(1) testing handguns and ammunition for capability to
penetrate body armor; and
(2) prohibiting the manufacture, importation, sale, or
purchase by civilians of the Five-seveN Pistol, ammunition
for such pistol, or any other handgun that uses ammunition
found to be capable of penetrating body armor.
SEC. 3. ARMOR PIERCING AMMUNITION.
(a) Expansion of Definition of Armor Piercing Ammunition.--
Section 921(a)(17)(B) of title 18, United States Code, is
amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) a projectile that--
``(I) may be used in a handgun; and
``(II) the Attorney General determines, pursuant to section
926(d), to be capable of penetrating body armor.''.
(b) Determination of Capability of Projectiles to Penetrate
Body Armor.--Section 926 of title 18, United States Code, is
amended by adding at the end the following:
[[Page S2041]]
``(d)(1) Not later than 1 year after the date of enactment
of this subsection, the Attorney General shall promulgate
standards for the uniform testing of projectiles against Body
Armor Exemplar.
``(2) The standards promulgated pursuant to paragraph (1)
shall take into account, among other factors, variations in
performance that are related to the type of handgun used, the
length of the barrel of the handgun, the amount and kind of
powder used to propel the projectile, and the design of the
projectile.
``(3) As used in paragraph (1), the term `Body Armor
Exemplar' means body armor that the Attorney General
determines meets minimum standards for the protection of law
enforcement officers.''
SEC. 4. ARMOR PIERCING HANDGUNS AND AMMUNITION.
(a) In General.--Section 922 of title 18, United States
Code, is amended by adding after subsection (y):
``(z) Five-seveN Pistol.--
``(1) In general.--It shall be unlawful for any person to
manufacture, import, market, sell, ship, deliver, possess,
transfer, or receive--
``(A) the Fabrique Nationale Herstal Five-SeveN Pistol;
``(B) 5.7 x 28mm SS190 and SS192 cartridges; or
``(C) any other handgun that uses armor piercing
ammunition.
``(2) Exceptions.--This subsection shall not apply to--
``(A) any firearm or armor piercing ammunition manufactured
for, and sold exclusively to, military, law enforcement, or
intelligence agencies of the United States; and
``(B) the manufacture, possession, transfer, receipt,
shipment, or delivery of a firearm or armor piercing
ammunition by a licensed manufacturer, or any person acting
pursuant to a contract with a licensed manufacturer, for the
purpose of examining and testing such firearm or ammunition
to determine whether paragraph (1) applies to such
firearm.''.
(b) Penalties.--Section 924(a)(1)(B) of title 18, United
States Code, is amended by striking ``or (q)'' and inserting
``(q), or (z)''.
______
By Mr. HARKIN (for himself and Mr. Smith):
S. 528. A bill to authorize the Secretary of Health and Human
Services to provide grants to States to conduct demonstration projects
that are designed to enable medicaid-eligible individuals to receive
support for appropriate and necessary long-term services in the
settings of their choice; to the Committee on Finance.
Mr. HARKIN. Mr. President, today I, along with Senator Smith,
introduce the Money Follows the Person Act of 2005. This legislation is
needed to truly bring people with disabilities into the mainstream of
society and provide equal opportunity for employment and community
activities.
In order to work or live in their own homes, Americans with
disabilities need access to community-based services and supports.
Unfortunately, under current Federal Medicaid policy, the deck is
stacked in favor of living in an institution. The purpose of this bill
is to level the playing field and give eligible individuals equal
access to community-based services and supports.
Under our legislation, the Medicaid money paid by states and the
Federal government would follow the person with a disability from an
institution into the community. This legislation provides 100 percent
Federal reimbursement for the community services that an individual
needs during the first year that they move out of an institution or
nursing home. By fully reimbursing the states, it gives them some
additional resources to allow people with disabilities to choose to
live in the community.
President Bush first proposed the Money Follows the Person
Rebalancing Initiative in his FY '04 budget and indicated that the
demonstration project would provide full Federal reimbursement for
community services for the first year that an individual moves out of
an institution or nursing home. Senator Smith and I have worked with
the disability community and others in drafting this legislation, and
we look forward to working with the Administration and our colleagues
to enact the Money Follows the Person concept into law.
We have a Medicaid system in this country that is spending
approximately two-thirds of its dollars on institutional care and
approximately one-third on community services. This bill is an
important step toward switching those numbers around.
It is shameful that our federal dollars are being spent to segregate
people, not integrate them. It has been 15 years since we passed the
Americans with Disabilities Act, which said ``no'' to segregation. But
our Medicaid program says ``yes'' and we need to change it. This is the
next civil rights battle. If we really meant what we said in the ADA in
1990, we should enact this legislation.
The civil right of a person with a disability to be integrated into
his or her community should not depend on his or her address. In
Olmstead v. LC, the Supreme Court recognized that needless
institutionalization is a form of discrimination under the Americans
with Disabilities Act. We in Congress have a responsibility to help
States meet their obligations under Olmstead. An individual should not
be asked to move to another state in order to avoid needless
segregation. They also should not be moved away from family and friends
because their only choice is an institution.
Federal Medicaid policy should reflect the consensus reached in the
ADA that Americans with disabilities should have equal opportunity to
contribute to our communities and participate in our society as full
citizens. That means no one has to sacrifice their full participation
in society because they need help getting out of the house in the
morning or assistance with personal care or some other basic service.
This bill will open the door to full participation by people with
disabilities in our neighborhoods, our communities, our workplaces, and
our American Dream, and I urge all my colleagues to support us on this
issue. I want to thank Senator Smith for his commitment to improving
access to home and community based services for people with
disabilities.
I ask unanimous consent that the text of this bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 528
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Money Follows the Person Act
of 2005''.
SEC. 2. MONEY FOLLOWS THE PERSON REBALANCING DEMONSTRATION.
(a) Program Purpose and Authority.--The Secretary of Health
and Human Services (in this section referred to as the
``Secretary'') is authorized to award, on a competitive
basis, grants to States in accordance with this section for
demonstration projects (each in this section referred to as a
``MFP demonstration project'') designed to achieve the
following objectives with respect to institutional and home
and community-based long-term care services under State
medicaid programs:
(1) Rebalancing.--Increase the use of home and community-
based, rather than institutional, long-term care services.
(2) Money follows the person.--Eliminate barriers or
mechanisms, whether in the State law, the State medicaid
plan, the State budget, or otherwise, that prevent or
restrict the flexible use of medicaid funds to enable
medicaid-eligible individuals to receive support for
appropriate and necessary long-term services in the settings
of their choice.
(3) Continuity of service.--Increase the ability of the
State medicaid program to assure continued provision of home
and community-based long-term care services to eligible
individuals who choose to transition from an institutional to
a community setting.
(4) Quality assurance and quality improvement.--Ensure that
procedures are in place (at least comparable to those
required under the qualified HCB program) to provide quality
assurance for eligible individuals receiving medicaid home
and community-based long-term care services and to provide
for continuous quality improvement in such services.
(b) Definitions.--For purposes of this section:
(1) Home and community-based long-term care services.--The
term ``home and community-based long-term care services''
means, with respect to a State medicaid program, home and
community-based services (including home health and personal
care services) that are provided under the State's qualified
HCB program or that could be provided under such a program
but are otherwise provided under the medicaid program.
(2) Eligible individual.--The term ``eligible individual''
means, with respect to an MFP demonstration project of a
State, an individual in the State--
(A) who, immediately before beginning participation in the
MFP demonstration project--
(i) resides (and has resided, for a period of not less than
six months or for such longer minimum period, not to exceed 2
years, as may be specified by the State) in an inpatient
facility;
(ii) is receiving medicaid benefits for inpatient services
furnished by such inpatient facility; and
[[Page S2042]]
(iii) with respect to whom a determination has been made
that, but for the provision of home and community-based long-
term care services, the individual would continue to require
the level of care provided in an inpatient facility; and
(B) who resides in a qualified residence beginning on the
initial date of participation in the demonstration project.
(3) Inpatient facility.--The term ``inpatient facility''
means a hospital, nursing facility, or intermediate care
facility for the mentally retarded. Such term includes an
institution for mental diseases, but only, with respect to a
State, to the extent medical assistance is available under
the State medicaid plan for services provided by such
institution.
(4) Individual's authorized representative.--The term
``individual's authorized representative'' means, with
respect to an eligible individual, the individual's parent,
family member, guardian, advocate, or other authorized
representative of the individual.
(5) Medicaid.--The term ``medicaid'' means, with respect to
a State, the State program under title XIX of the Social
Security Act (including any waiver or demonstration under
such title or under section 1115 of such Act relating to such
title).
(6) Qualified hcb program.--The term ``qualified HCB
program'' means a program providing home and community-based
long-term care services operating under medicaid, whether or
not operating under waiver authority.
(7) Qualified residence.--The term ``qualified residence''
means, with respect to an eligible individual--
(A) a home owned or leased by the individual or the
individual's family member;
(B) an apartment with an individual lease, with lockable
access and egress, and which includes living, sleeping,
bathing, and cooking areas over which the individual or the
individual's family has domain and control; and
(C) a residence, in a community-based residential setting,
in which no more than 4 unrelated individuals reside.
(8) Qualified expenditures.--The term ``qualified
expenditures'' means expenditures by the State under its MFP
demonstration project for home and community-based long-term
care services for an eligible individual participating in the
MFP demonstration project, but only with respect to services
furnished during the 12-month period beginning on the date
the individual is discharged from an inpatient facility
referred to in paragraph (2)(A)(i).
(9) Self-directed services.--The term ``self-directed''
means, with respect to, home and community-based long-term
care services for an eligible individual, such services for
the individual which are planned and purchased under the
direction and control of such individual or the individual's
authorized representative, including the amount, duration,
scope, provider, and location of such services, under the
State medicaid program consistent with the following
requirements:
(A) Assessment.--There is an assessment of the needs,
capabilities, and preferences of the individual with respect
to such services.
(B) Service plan.--Based on such assessment, there is
developed jointly with such individual or the individual's
authorized representative a plan for such services for such
individual that is approved by the State and that--
(i) specifies those services which the individual or the
individual's authorized representative would be responsible
for directing;
(ii) identifies the methods by which the individual or the
individual's authorized representative will select, manage,
and dismiss providers of such services;
(iii) specifies the role of family members and others whose
participation is sought by the individual or the individual's
authorized representative with respect to such services;
(iv) is developed through a person-centered process that--
(I) is directed by the individual or the individual's
authorized representative;
(II) builds upon the individual's capacity to engage in
activities that promote community life and that respects the
individual's preferences, choices, and abilities; and
(III) involves families, friends, and professionals as
desired or required by the individual or the individual's
authorized representative;
(v) includes appropriate risk management techniques that
recognize the roles and sharing of responsibilities in
obtaining services in a self-directed manner and assure the
appropriateness of such plan based upon the resources and
capabilities of the individual or the individual's authorized
representative; and
(vi) may include an individualized budget which identifies
the dollar value of the services and supports under the
control and direction of the individual or the individual's
authorized representative.
(C) Budget Process.--With respect to individualized budgets
described in subparagraph (B)(vi), the State application
under subsection (c)--
(i) describes the method for calculating the dollar values
in such budgets based on reliable costs and service
utilization;
(ii) defines a process for making adjustments in such
dollar values to reflect changes in individual assessments
and service plans; and
(iii) provides a procedure to evaluate expenditures under
such budgets.
(10) State.--The term ``State'' has the meaning given such
term for purposes of title XIX of the Social Security Act.
(c) State Application.--A State seeking approval of an MFP
demonstration project shall submit to the Secretary, at such
time and in such format as the Secretary requires, an
application meeting the following requirements and containing
such additional information, provisions, and assurances, as
the Secretary may require:
(1) Assurance of a public development process.--The
application contains an assurance that the State has engaged,
and will continue to engage, in a public process for the
design, development, and evaluation of the MFP demonstration
project that allows for input from eligible individuals, the
families of such individuals, authorized representatives of
such individuals, providers, and other interested parties.
(2) Operation in connection with qualified hcb program to
assure continuity of services.--The State will conduct the
MFP demonstration project for eligible individuals in
conjunction with the operation of a qualified HCB program
that is in operation (or approved) in the State for such
individuals in a manner that assures continuity of medicaid
coverage for such individuals so long as such individuals
continue to be eligible for medical assistance.
(3) Demonstration project period.--The application shall
specify the period of the MFP demonstration project, which
shall include at least two consecutive fiscal years in the 5-
fiscal-year period beginning with fiscal year 2006.
(4) Service area.--The application shall specify the
service area or areas of the MFP demonstration project, which
may be a Statewide area or one or more geographic areas of
the State.
(5) Targeted groups and numbers of individuals served.--The
application shall specify--
(A) the target groups of eligible individuals to be
assisted to transition from an inpatient facility to a
qualified residence during each fiscal year of the MFP
demonstration project;
(B) the projected numbers of eligible individuals in each
targeted group of eligible individuals to be so assisted
during each such year; and
(C) the estimated total annual qualified expenditures for
each fiscal year of the MFP demonstration project.
(6) Individual choice, continuity of care.--The application
shall contain assurances that--
(A) each eligible individual or the individual's authorized
representative will be provided the opportunity to make an
informed choice regarding whether to participate in the MFP
demonstration project;
(B) each eligible individual or the individual's authorized
representative will choose the qualified residence in which
the individual will reside and the setting in which the
individual will receive home and community-based long-term
care services;
(C) the State will continue to make available, so long as
the State operates its qualified HCB program consistent with
applicable requirements, home and community-based long-term
care services to each individual who completes participation
in the MFP demonstration project for as long as the
individual remains eligible for medical assistance for such
services under such qualified HCB program (including meeting
a requirement relating to requiring a level of care provided
in an inpatient facility and continuing to require such
services).
(7) Rebalancing.--The application shall--
(A) provide such information as the Secretary may require
concerning the dollar amounts of State medicaid expenditures
for the fiscal year, immediately preceding the first fiscal
year of the State's MFP demonstration project, for long-term
care services and the percentage of such expenditures that
were for institutional long-term care services or were for
home and community-based long-term care services;
(B)(i) specify the methods to be used by the State to
increase, for each fiscal year during the MFP demonstration
project, the dollar amount of such total expenditures for
home and community-based long-term care services and the
percentage of such total expenditures for long-term care
services that are for home and community-based long-term care
services; and
(ii) describe the extent to which the MFP demonstration
project will contribute to accomplishment of objectives
described in subsection (a).
(8) Money follows the person.--The application shall
describe the methods to be used by the State to eliminate any
legal, budgetary, or other barriers to flexibility in the
availability of medicaid funds to pay for long-term care
services for eligible individuals participating in the
project in the appropriate settings of their choice,
including costs to transition from an institutional setting
to a qualified residence.
(9) Maintenance of effort and cost-effectiveness.--The
application shall contain or be accompanied by such
information and assurances as may be required to satisfy the
Secretary that--
(A) total expenditures under the State medicaid program for
home and community-based long-term care services will not be
less for any fiscal year during the MFP demonstration project
than for the greater of such expenditures for--
(i) fiscal year 2004; or
[[Page S2043]]
(ii) any succeeding fiscal year before the first year of
the MFP demonstration project; and
(B) in the case of a qualified HCB program operating under
a waiver under subsection (c) or (d) of section 1915 of the
Social Security Act (42 U.S.C. 1396n), but for the amount
awarded under a grant under this section, the State program
would continue to meet the cost-effectiveness requirements of
subsection (c)(2)(D) of such section or comparable
requirements under subsection (d)(5) of such section,
respectively.
(10) Waiver requests.--The application shall contain or be
accompanied by requests for any modification or adjustment of
waivers of medicaid requirements described in subsection
(d)(3), including adjustments to maximum numbers of
individuals included and package of benefits, including one-
time transitional services, provided.
(11) Quality assurance and quality improvement.--The
application shall include--
(A) a plan satisfactory to the Secretary for quality
assurance and quality improvement for home and community-
based long-term care services under the State medicaid
program, including a plan to assure the health and welfare of
individuals participating in the MFP demonstration project;
and
(B) an assurance that the State will cooperate in carrying
out activities under subsection (f) to develop and implement
continuous quality assurance and quality improvement systems
for home and community-based long-term care services.
(12) Optional program for self-directed services.--If the
State elects to provide for any home and community-based
long-term care services as self-directed services (as defined
in subsection (b)(9)) under the MFP demonstration project,
the application shall provide the following:
(A) Meeting requirements.--A description of how the project
will meet the applicable requirements of such subsection for
the provision of self-directed services.
(B) Voluntary election.--A description of how eligible
individuals will be provided with the opportunity to make an
informed election to receive self-directed services under the
project and after the end of the project.
(C) State support in service plan development.--
Satisfactory assurances that the State will provide support
to eligible individuals who self-direct in developing and
implementing their service plans.
(D) Oversight of receipt of services.--Satisfactory
assurances that the State will provide oversight of eligible
individual's receipt of such self-directed services,
including steps to assure the quality of services provided
and that the provision of such services are consistent with
the service plan under such subsection.
Nothing in this section shall be construed as requiring a
State to make an election under the project to provide for
home and community-based long-term care services as self-
directed services, or as requiring an individual to elect to
receive self-directed services under the project.
(13) Reports and evaluation.--The application shall provide
that--
(A) the State will furnish to the Secretary such reports
concerning the MFP demonstration project, on such timetable,
in such uniform format, and containing such information as
the Secretary may require, as will allow for reliable
comparisons of MFP demonstration projects across States; and
(B) the State will participate in and cooperate with the
evaluation of the MFP demonstration project.
(d) Secretary's Award of Competitive Grants.--
(1) In general.--The Secretary shall award grants under
this section on a competitive basis to States selected from
among those with applications meeting the requirements of
subsection (c), in accordance with the provisions of this
subsection.
(2) Selection and modification of state applications.--In
selecting State applications for the awarding of such a
grant, the Secretary--
(A) shall take into consideration the manner in which and
extent to which the State proposes to achieve the objectives
specified in subsection (a);
(B) shall seek to achieve an appropriate national balance
in the numbers of eligible individuals, within different
target groups of eligible individuals, who are assisted to
transition to qualified residences under MFP demonstration
projects, and in the geographic distribution of States
operating MFP demonstration projects;
(C) shall give preference to State applications proposing--
(i) to provide transition assistance to eligible
individuals within multiple target groups; and
(ii) to provide eligible individuals with the opportunity
to receive home and community-based long-term care services
as self-directed services, as defined in subsection (b)(9);
and
(D) shall take such objectives into consideration in
setting the annual amounts of State grant awards under this
section.
(3) Waiver authority.--The Secretary is authorized to waive
the following provisions of title XIX of the Social Security
Act, to the extent necessary to enable a State initiative to
meet the requirements and accomplish the purposes of this
section:
(A) Statewideness.--Section 1902(a)(1), in order to permit
implementation of a State initiative in a selected area or
areas of the State.
(B) Comparability.--Section 1902(a)(10)(B), in order to
permit a State initiative to assist a selected category or
categories of individuals described in subsection (b)(2)(A).
(C) Income and resources eligibility.--Section
1902(a)(10)(C)(i)(III), in order to permit a State to apply
institutional eligibility rules to individuals transitioning
to community-based care.
(D) Provider agreements.--Section 1902(a)(27), in order to
permit a State to implement self-directed services in a cost-
effective manner.
(4) Conditional approval of outyear grant.--In awarding
grants under this section, the Secretary shall condition the
grant for the second and any subsequent fiscal years of the
grant period on the following:
(A) Numerical benchmarks.--The State must demonstrate to
the satisfaction of the Secretary that it is meeting
numerical benchmarks specified in the grant agreement for--
(i) increasing State medicaid support for home and
community-based long-term care services under subsection
(c)(5); and
(ii) numbers of eligible individuals assisted to transition
to qualified residences.
(B) Quality of care.--The State must demonstrate to the
satisfaction of the Secretary that it is meeting the
requirements under subsection (c)(9) to assure the health and
welfare of MFP demonstration project participants.
(e) Payments to States; Carryover of Unused Grant
Amounts.--
(1) Payments.--For each calendar quarter in a fiscal year
during the period a State is awarded a grant under subsection
(d), the Secretary shall pay to the State from its grant
award for such fiscal year an amount equal to the lesser of--
(A) 100 percent of the amount of qualified expenditures
made during such quarter; or
(B) the total amount remaining in such grant award for such
fiscal year (taking into account the application of paragraph
(2)).
(2) Carryover of unused amounts.--Any portion of a State
grant award for a fiscal year under this section remaining at
the end of such fiscal year shall remain available to the
State for the next four fiscal years, subject to paragraph
(3).
(3) Re-awarding of certain unused amounts.--In the case of
a State that the Secretary determines pursuant to subsection
(d)(4) has failed to meet the conditions for continuation of
a MFP demonstration project under this section in a
succeeding year or years, the Secretary shall rescind the
grant awards for such succeeding year or years, together with
any unspent portion of an award for prior years, and shall
add such amounts to the appropriation for the immediately
succeeding fiscal year for grants under this section.
(4) Preventing duplication of payment.--The payment under a
MFP demonstration project with respect to qualified
expenditures shall be in lieu of any payment with respect to
such expenditures that could otherwise be paid under
medicaid, including under section 1903(a) of the Social
Security Act. Nothing in the previous sentence shall be
construed as preventing the payment under medicaid for such
expenditures in a grant year after amounts available to pay
for such expenditures under the MFP demonstration project
have been exhausted.
(f) Quality Assurance and Improvement; Technical
Assistance; Oversight.--
(1) In general.--The Secretary, either directly or by grant
or contract, shall provide for technical assistance to and
oversight of States for purposes of upgrading quality
assurance and quality improvement systems under medicaid home
and community-based waivers, including--
(A) dissemination of information on promising practices;
(B) guidance on system design elements addressing the
unique needs of participating beneficiaries;
(C) ongoing consultation on quality, including assistance
in developing necessary tools, resources, and monitoring
systems; and
(D) guidance on remedying programmatic and systemic
problems.
(2) Funding.--From the amounts appropriated under
subsection (h) for each of fiscal years 2006 through 2010,
not more than $2,400,000 shall be available to the Secretary
to carry out this subsection.
(g) Research and Evaluation.--
(1) In general.--The Secretary, directly or through grant
or contract, shall provide for research on and a national
evaluation of the program under this section, including
assistance to the Secretary in preparing the final report
required under paragraph (2). The evaluation shall include an
analysis of projected and actual savings related to the
transition of individuals to a qualified residences in each
State conducting an MFP demonstration project.
(2) Final report.--The Secretary shall make a final report
to the President and the Congress, not later than September
30, 2011, reflecting the evaluation described in paragraph
(1) and providing findings and conclusions on the conduct and
effectiveness of MFP demonstration projects.
(3) Funding.--From the amounts appropriated under
subsection (h) for each of fiscal years 2006 through 2010,
not more than $1,100,000 per year shall be available to the
Secretary to carry out this subsection.
(h) Appropriations.--
[[Page S2044]]
(1) In general.--There are appropriated, from any funds in
the Treasury not otherwise appropriated, for grants to carry
out this section--
(A) $250,000,000 for fiscal year 2006;
(B) $300,000,000 for fiscal year 2007;
(C) $350,000,000 for fiscal year 2008;
(D) $400,000,000 for fiscal year 2009; and
(E) $450,000,000 for fiscal year 2010.
(2) Availability.--Amounts made available under paragraph
(1) for a fiscal year shall remain available for the awarding
of grants to States by not later than September 30, 2010.
(i) Rule of Construction.--Nothing in this Act shall be
construed as requiring a State to agree to a capped allotment
for expenditures for long-term care services under medicaid.
______
By Mr. GRASSLEY (for himself, Mr. Biden, Mr. McCain, and Mr.
Stevens):
S. 529. A bill to designate a United States Anti-Doping Agency; to
the Committee on Commerce, Science, and Transportation.
Mr. GRASSLEY. Mr. President, America is a nation of sports fans and
sports players. In fact, it is hard to imagine something more
influential in today's society than athletics. As children, we grow up
emulating our favorite players in the backyard. Year in and year out we
watch and hope that this is the year our favorite team makes it to the
Super Bowl, the World Series, or the Big Dance. And every 4 years we
watch in pride and tally the medals as American athletes compete in the
Olympic games.
Every day millions of young people from across the country share the
same dream of one day playing in the big leagues. But the reality is
that most will never get the chance. In an average year, there are
approximately 2 million high school boys playing football, baseball,
and basketball. Another 68,000 men are playing the sports in college
and 2,500 are participating at the major/professional level. In short,
only 1 in 736, or 0.14 percent will ever play professional sports.
With that kind of competition, compounded by the lure of fame,
endorsements and multi-million dollar contracts, an increasing number
of young athletes are giving in to the seduction of performance
enhancing drugs hoping to gain an edge on their peers. And what can you
expect when some of the biggest superstars in sports have been found
using steroids as a way to improve their performance. But, unlike
better athletic gear, better nutrition, and better training, injecting
and ingesting performance enhancing drugs as a shortcut to the big
leagues jeopardizes the health and safety of young athletes and
cheapens the legitimacy of competition.
In an effort to combat the use of performance enhancing drugs at the
youth and amateur sports level, I am pleased to be joined by my
colleagues Senator Biden, Senator McCain and Senator Stevens in
introducing legislation to authorize continued Federal funding for the
United States Anti-Doping Agency, USADA. As the anti-doping agency for
the United States Olympic movement since 2000, USADA is responsible for
ensuring that U.S. athletes participating in Olympic competition do not
use performance enhancing drugs. Through its efforts, USADA is
establishing a drug free standard for amateur athletic competition.
This is achieved through testing, research, education, and
adjudication.
USADA conducts nearly 6,500 random drug tests on athletes annually
and has made anti-doping presentations to over 3,000 athletes and
coaches last year alone. Over the last 2 years, USADA has worked to
prevent U.S. Olympic athletes who have used banned substances from
participating in the Olympic Games. But for the efforts of USADA, it is
possible that more than a dozen elite U.S. athletes would have
participated in the Athens Games last Summer and potentially
embarrassed the U.S. once their drug use was exposed. USADA also works
to fund research, including more than $3 million in grants for anti-
doping research over the past 2 years, which is more than any other
anti-doping agency in the world. The research and testing standards
serve as models for other amateur athletic associations who wish to
protect the health of their athletes and the fair competition of sport.
To date, the Federal Government has provided approximately 60 percent
of USADA's operational budget, with the remainder of the agency's
budget provided by the U.S. Olympic Committee and private funding
sources. With continued support and proper funding, USADA could expand
and improve upon the programs for anti-doping that already exist and
continue to enhance the credibility of U.S. athletes in the eyes of the
international sports community.
While the issue of anabolic steroids has received a great deal of
national and international attention in the context of professional
sports, the importance of stopping steroid abuse extends far beyond the
track, baseball diamond, or football field. Instead our focus should be
on the health and future of our children. I encourage my colleagues to
join in support of this legislation to set the standard for free and
fair competition.
Mr. President. I ask unanimous consent that the text of this bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 529
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DESIGNATION OF UNITED STATES ANTI-DOPING AGENCY.
(a) Definitions.--In this Act:
(1) United states olympic committee.--The term ``United
States Olympic Committee'' means the organization established
by the ``Ted Stevens Olympic and Amateur Sports Act'' (36
U.S.C. 220501 et seq.).
(2) Amateur athletic competition.--The term ``amateur
athletic competition'' means a contest, game, meet, match,
tournament, regatta, or other event in which amateur athletes
compete (36 U.S.C. 220501(b)(2)).
(3) Amateur athlete.--The term ``amateur athlete'' means an
athlete who meets the eligibility standards established by
the national governing body or paralympic sports organization
for the sport in which the athlete competes (36 U.S.C.
22501(b)(1)).
(b) In General.--The United States Anti-Doping Agency
shall--
(1) serve as the independent anti-doping organization for
the amateur athletic competitions recognized by the United
States Olympic Committee;
(2) ensure that athletes participating in amateur athletic
activities recognized by the United States Olympic Committee
are prevented from using performance-enhancing drugs;
(3) implement anti-doping education, research, testing, and
adjudication programs to prevent United States Amateur
Athletes participating in any activity recognized by the
United States Olympic Committee from using performance-
enhancing drugs; and
(4) serve as the United States representative responsible
for coordination with other anti-doping organizations
coordinating amateur athletic competitions recognized by the
United States Olympic Committee to ensure the integrity of
athletic competition, the health of the athletes and the
prevention of use of performance-enhancing drugs by United
States amateur athletes.
SEC. 2. RECORDS, AUDIT, AND REPORT.
(a) Records.--The United States Anti-Doping Agency shall
keep correct and complete records of account.
(b) Report.--The United States Anti-Doping Agency shall
submit an annual report to Congress which shall include--
(1) an audit conducted and submitted in accordance with
section 10101 of title 36, United States Code; and
(2) a description of the activities of the agency.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the United
States Anti-Doping Agency--
(1) for fiscal year 2006, $9,500,000;
(2) for fiscal year 2007, $9,900,000;
(3) for fiscal year 2008, $10,500,000;
(4) for fiscal year 2009, $10,800,000; and
(5) for fiscal year 2010, $11,100,000.
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